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December 13 to 19 2019 Vol 35 No 50 mailandguardian mg.co.za

LOAD-SHEDDING There is a solution

Common sense says we need to shift to a mix of renewable energy sources NOW PLUS: Cosatu’s bold R200bn rescue plan for Eskom Pages 4, 5 & 21

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Floods, yet a dwindling dam While some areas in South Africa face a crip- Zozibini pling drought, parts of Centurion and Pretoria TWEET OF THE WEEK NUMBERS OF THE WEEK have been underwater. The extreme weather, The cost of the new diamond- Tunzi which saw days of rain resulted in displaced studded Miss Universe crown residents and about 150 people being rescued — dubbed "The Power of after being trapped in Mamelodi by fl oods on Unity” — that was placed on theR73m head of Miss South Monday. The air force was called in to rescue Africa, Zozibini Tunzi, after she was crowned numerous people in Centurion. Because this rain fl ows north, to the Limpopo River, it Miss Universe this week hasn’t done much for the Vaal Dam — which is down to less than 40% of its capacity. At The decline in water levels least the tunnel bringing water from Lesotho the Vaal Dam has experi- is back in action. Not that there’s much water in Lesotho. Don’t wash your driveway with a enced even though there hose. Don’t be stupid. has been near-constant rain for a week Fixing Prasa will take admin “With immediate eff ect” and “quick The percentage of turn-around times” is something that Bougainville islanders Bougainville the Passenger Rail who voted in a refer- Island Agency of South endum for the terri- Africa (Prasa) will tory to become have to get used to in independent from the coming months, after Transport Minister Papua New Guinea, Fikile Mbalula dissolved the interim board 98% of the state-owned enterprise and placed it paving the way for the under administration. The rail agency is group of islands to become facing allegations of administrative ineffi cien- the world’s newest nation cies and corruption which involves some of Cape Town CBD is lit its top executives. This led to suspensions If the load-shedding seems unfair, and you live The age of Sanna of numerous senior managers implicated in on the wet and dark highveld, then prepare Facebook’s ranking Marin, Finland's new allegations of improper, irregular, corrupt, to hate your colleagues working in the scenic in the "best place prime minister and fruitless and wasteful expenditure, in order Cape Town CBD, which has been exempted to work" survey to turn the company around. Prasa’s fi nan- from load-shedding, even more. According to the34 world’s youngest head of this23rd year. For three years it was rated cial problems became evident in the 2015-16 the Cape Chamber of Commerce and Industry’s state, who will be leading the as the best, but this is its lowest rank- fi nancial year. In the 2017-18 fi nancial year, Geoff Jacobs in an interview on Cape Talk, the country with a new, female- the entity changed boards four times, which City is trying to minimise the eff ects of load- ing since it first made the list in 2011 majority Cabinet furthered instability, said Mbalula. It is likely shedding and they “must be commended” as the top-rated workplace the next board will have to be trained to take for it. “We understand that the exemption is better care of its fi nances. because there are key installations in the city Graphic: JOHN McCANN Compiled by: ATHANDIWE SABA centre … big businesses, Parliament, the pro- A unifying Miss vincial parliament, the City of Cape Town itself, China. The people of China work the second will not bear any costs in respect of security Universe a couple of hospitals,” Jacobs said. Even when longest with 2 174 hours a year. Not that this upgrades done at the ministers’ private resi- Zozibini Tunzi, Miss the city faced stage 2 load-shedding, which has meant much in the way of productivity. dences. This comes after Finance Minister Tito South Africa 2019, now seems like a benign spanner in the works, Societies with shorter working hours tend to Mboweni’s depressing medium-term budget was crowned as the City of Cape Town brought it down to stage have higher levels of productivity. policy statement in October, in which he said Miss Universe 2019 1, because it had its own generation. Hopefully that government has to signifi cantly reduce on Monday morn- the rest of South Africa can look forward to a Ministers’ lavish expenditure in goods and services as well as ing. Even though light at the end of the tunnel as well. expenses capped transfers to stabilise its debt by 2022-23. people have been South African advocating for looks South Africa works longest, not hardest ministers will also ‘They’ won to be less and less important, we still have a If 2019 appears to have been a long year, have to slash their Merriam-Webster announced that the offi cial worldwide pageant culture. At least it is good you’re right, especially if you have a full-time expenses, as many word of the year for 2019 is “they”, used as a to know that not only has South Africa been job. According to Our World in Data, at the South Africans have singular. “They” is used as a gender-neutral excelling in it of late, but also the women of University of Oxford, South Africans work been doing for years. pronoun for individuals who identify as our country have been using it as a force for longer hours than anywhere else in the world. Although the ministers non-binary and was added to the Merriam- good. In response to a question before win- Although we have an unemployment rate of will still have lavish life- Webster.com dictionary in September. Its use ning the title, Tunzi said that she grew up 29%, those who have jobs, in what is deemed styles, the new ministerial handbook for mem- as a singular pronoun is not new, however, in a world where a woman who looks like to be the “most advanced economy” in Africa, bers of the executive, launched by the depart- and according to Merriam-Webster, it has her — with her shade of skin and her kind work 2 209 hours per year. That comes down to ment of services and administration, has set been used as a gender-neutral pronoun for of hair — was never considered to be beauti- almost eight and a half hours a day, fi ve days new guidelines for ministers’ fi nances, whose over 600 years. Searches for “they” increased ful. “I think it is time that that stops today. I a week for all of the 52 weeks a year. That is excesses were mostly taxpayer-funded. One by 313% and competed with the Latin phrase want children to look at me and see my face a mouthful, yes, but what else do you expect of the new limitations include the capping “quid pro quo” which is all over the Trump and I want them to see their faces refl ected in to hear when our hours are longer than the of vehicle costs to R700 000 (including value impeachment inquiry and American media at mine,” she added. country that practically invented hard work — added tax). Another limitation is that the state the moment. 4 Mail & Guardian December 13 to 19 2019 NewsNews Coal is destroying South Africa.

energy minister Gwede Mantashe Why are we dithering when independent power released the much-delayed IRP — he producers hold the answer? Ideology, it seems said that 2 000 to 3 000 additional megawatts were urgently needed. EDITORIAL because of its air pollution. That cost The IRP has been delayed for to the healthcare system is unknown, nearly a decade. Meant to be updated skom is too big to fail. The because the health department every two years, its 2013 and 2015 fate of the power utility doesn’t collect data on it. This is updates were thrown in the dustbin and the fate of this coun- despite air pollution from all sources by former president Jacob Zuma. try are one and the same. killing 20 000 people a year in this This is because the plan said South EAnd right now plans to country, says the United Nations. Africa did not need nuclear energy rescue Eskom lie in doubling down Caring for these people is, in effect, a — a R1-trillion build that Zuma was on its coal-fired power plants, on a secret subsidy to Eskom. As are the hell-bent on getting done. Instead, fleet that can — on a day without asthma pumps and other medication those updates outlined how the load-shedding — only provide about that people living in Mpumalanga country should shift away from coal 70% of its own capacity. We are not have to buy to keep breathing. and nuclear to create a mixed grid, making this up. This is what the These numbers do not end up in dominated by wind and solar power government itself has said. speeches by ministers. They are not plants. But, as the Mail & Guardian has brought up when calculations are This year’s edition of the plan, reported throughout this year, coal done about what should power this which has been signed off by the no longer makes sense. It pollutes country. Cabinet, put urgency at the top of a rivers and fills our lungs with poi- In defence of its pollution, Eskom Rays of hope: ANC leaders Gwede Mantashe and Cyril Ramaphosa (below) list of nine priorities. That urgency son. It doesn’t seem to work when has previously told the M&G that it seem to have a block against renewable energy sources, such as the would be achieved, it said, through it rains, or when it’s too hot. It is the doesn’t find the conversation about Acciona Bokpoort solar plant (above). Photos: Acciona, Elmond Jiyane,GCIS new power plants: “Undertake a source of massive corruption, state dead people “constructive”. It has power purchase programme to capture and patronage networks also argued that by providing elec- assist with the acquisition of capac- that go all the way to the leadership tricity, it prevents people from burn- ity needed to supplement Eskom’s of this country. It drives the climate ing wood and coal in their homes, declining plant performance and crisis, which is already destroying which also pollutes and kills. to reduce the extensive utilisation communities and threatens to undo That argument no longer holds of diesel-peaking generators in the all the achievements of this demo- when there are clean sources of immediate to medium term. Lead cratic country. Coal is also unafford- energy available. time is … the key.” able, and as the president noted this To try to force Eskom, and industry That lead time would exist had the week, banks will not finance it. as a whole, to urgently consider peo- previous administration not stalled At a press conference after a ple’s health, the environment depart- the entire renewable energy pro- meeting with Eskom top brass, ment created air quality regulations. gramme. Eskom exacerbated this fur- Cyril Ramaphosa, who returned These set limits for pollutants, which ther by refusing to sign agreements early from a visit to Egypt, mostly become more stringent over time, with wind and solar power plants to appeared to suggest that Eskom allowing polluters room to invest buy their electricity, despite their con- somehow had to do better, that it in cleaner factories. Eskom was tractual obligations to do so. should put together some kind of involved in the drafting of these lim- This has set back the whole indus- emergency plan — as if it has not its, so has now had nearly two dec- try. So, instead of factories building been in a state of emergency for ades to clean up its act. Instead, just wind turbines and solar panels at some time now. this month it asked for permission to scale, much of this technology has to This is out of touch with reality. ignore these laws, in effect turning a be imported. Our national energy plan, global blind eye to killing people. As the M&G has reported, the focus commitments, basic common sense Its argument is that compliance — on nuclear — much like the focus on and duty to the people living under to the tune of R200-billion — would coal power plants — is because large- the shadow of coal power plants say cost too much. scale energy allows for large-scale we need to shift to a mix of renew- There is also Eskom’s effect on the corruption. A R200-billion power able energy sources. climate crisis. The utility alone emits Eskom’s 40 000 megawatts of capac- one insider, pointing instead to sys- plant comes with myriad contracts At this point, the only reason we about 40% of South Africa’s green- ity was able to produce electricity. temic failures behind the crisis. and moving parts, each one of which are dithering is our political order. house gases. It is the largest polluter Municipalities such as Johannesburg “The problem here is that poor can be profited from. Some ministers seem unable to think on the African continent, by far. scrambled because they didn’t have planning and lack of maintenance Renewable energy comes in small of a world where the myth of “coal This country’s commitment this stage in their planning. Eskom were largely to blame for this. projects; in the form of a 100MW baseload” does not hold true. Others to lower carbon emissions, as blamed wet coal and conveyor break- Adverse weather is something we wind farm in the Eastern Cape and understand that the murky world of part of the Paris Climate Change downs. President Ramaphosa later can have prior knowledge of and a 50MW solar plant in the Northern coal contracts means they can con- Agreement, is based almost entirely also blamed sabotage. plan around.” Cape. Put together, they build a tinue to loot the public purse. Let us on what happens at Eskom. The result was both outrage and The M&G has learnt that, on national grid. not forget that the failure of Medupi But that pledge is based on num- confusion as mines shut down, small Monday — when Eskom announced These projects have to bid for the — our R200-billion power plant that bers from 2009. Climate scientists businesses were forced to send work- for the first time that losses of gen- right to supply power, in an open still struggles to produce electric- have since said global carbon emis- ers home and hundreds of thousands erating power necessitated for up bidding process. All of this makes ity — is partially down to boiler con- sions have to drop by 45% by 2030 were stuck in grid-locked traffic to 6 000MW to be load-shed from theft difficult. tracts that the ANC benefited from. and to net zero by 2050. If this because robots were out. the grid — it had units at eight sta- Renewable energy also means These considerations are destroy- doesn’t happen, the world will warm This almost certainly pushed the tions out. This was in addition to shaking up the existing Eskom ing our today and stealing our to levels where modern civilisation teetering economy into a recession, several units that were down for monopoly. tomorrow. Given the failure of our will collapse. putting further strain on an already maintenance, according to an Eskom Adjunct professor Michael Sachs, state and this unprecedented crisis, Those with less will be hit most. tight fiscus. engineer. at Wits University’s Southern Centre the M&G has brought together our This continent will be hit the hard- The rolling power cuts also threat- for Inequality Studies, believes that team of business, environment and est, after island states that are ened the country’s telecommunica- Stations out included: there should be different kinds of investigative reporters to look at how already vanishing below the waves. tions networks. • Camden — wet coal and high energy allowed in the country and things got this dim, why they remain In climate negotiations, South So, this week, large parts of the load losses because of water ingress more opportunities created, instead awful and what needs to illuminate Africa continues to push for more country faced floods (or drought), no on the turbine house (flooding); of focusing only on coal and Eskom. the path forward. ambition on reducing carbon emis- power and limited communications. • Kendall — Units two (686MW) “I wouldn’t say we should explicitly sions around the world. But even Eskom insiders dismissed the and six (686MW) were out, whereas go one way or the other because there The historic crisis the new national energy plan — the president’s claim that the worst bout another four units were running at is space for many different opportuni- Medupi — Eskom’s newest and Integrated Resource Plan 2019 (IRP) of load-shedding was because of acts low capacity because of wet coal; ties, for as many people as possible to “cleanest” power plant — kills 1.4 — doesn’t come anywhere near a of sabotage at Tutuka power sta- • Duvha — only two of its six units invest in energy; we shouldn’t block people per year, with a further 144 45% drop in emissions. tion, where three units were out of were running; any of them. The other thing that people hospitalised from breathing Moving to renewable energy would action, leading to a loss of 2 100MW • Kusile — zero units running; people mix up is that it is commonly in the polluted air that it releases, change this and save the lives of hun- of power. • Medupi — zero units running; assumed that what is good for Eskom according to internal documents. dreds each year. “In fact, at the time we were on • Matla — lost 1 183MW through is good for South Africa. The coal mines that supply it do stage six, Tutuka was running with one unit because of boiler tube leaks; “We have to look beyond that and more damage. But their numbers are The current crisis five out of its six units, making it a • Kriel — 910MW through high say how do we grow the economy? secret. We got a first-hand glimpse this good contributor to the grid,” said load losses because of wet coal;and That is where we need to build a dif- Eskom says the pollution from its week at what an energy and climate- • Arnot — lost 730MW through ferent power system than the one we whole fleet kills 333 people a year — constrained future looks like. It high load losses because of wet coal. have now.” and that’s a conservative estimate. wasn’t pretty. Sachs, who is a former national This costs the economy R17.6-billion Non-stop rain on the highveld Mantashe is trapped The remedies treasury deputy director-general of each year in lost productivity or fam- — where Eskom runs its coal-fired After clawing back, the utility said the budget office also says that in ilies left without a breadwinner. fleet — brought heavy flooding. in an ideological box it needed a cushion of 5 000MW to terms of technology advancement, In Mpumalanga, where most of The utility, which struggles to keep – unwilling to get keep the grid running with some sort climate change and industry, renew- Eskom’s power plants operate, the the lights on in ideal conditions, of stability in the future. able energy is becoming much more utility’s documents show that 117 000 announced unprecedented stage electricity flowing in This is truly remarkable because, attractive. people a year end up in hospital six load shedding. Less than half of South Africa again as recently as October — when The renewables industry has Mail & Guardian December 13 to 19 2019 5 News Renewables are the future

responded to the crisis by saying usage. it could meet the shortfall in as lit- Cape Town’s acting executive tle as 12 months, but this can only mayor Ian Neilson said the city happen when Mantashe, who has would ask the court for an emer- unique powers to do this, signs gency hearing because of the load- off on contracts to source this new shedding crisis. power. “The City of Cape Town intends But, having identified the need seeking permission from the Judge in his own IRP, Mantashe has not President of the Gauteng high court signed such determinations, even for an expedited hearing on its though experts have been warning energy case asking the minister of for months that the crisis is wors- energy and Nersa [National Energy ening. This week his department Regulator of South Africa] to allow produced a press release saying it to buy energy from IPPs, Neilson he would sign determinations to said. The original hearing date is source new power. scheduled for May 2020. Apparently under pressure “The city’s legal team is liaising from the imploding energy sector, with the legal teams of the other Mantashe said he was not the minis- parties to the matter with a view to ter responsible for Eskom. approaching the Judge President But there are several, immediate with mutually agreeable dates for an things that the minister could do earlier hearing.” to free up more electricity. These That court case might force range from amending schedule Mantashe and the rest of govern- two of the Electricity Regulation ment to do what it should have Act, which would allow users to started doing nearly a decade ago. produce up to 10MW of their own Light show: An Eskom graphic shows the status of some its power stations on Monday, just before it initiated If the state continues to dither, our electricity and to give municipali- stage six load-shedding future will stay hostage to narrow ties permission to buy electricity interests and a coal power industry directly from independent power Alliance’s spokesperson on energy. which represents multiple renew- could add 500MW immediately to that is killing people and driving the producers (IPPs). It is estimated “But he is trapped in an ideological able technologies, said some storage the national grid”. The only reason climate crisis. Down that path lies that this would take 1 300MW of box of his own creation, and appears technologies have the proven ability that they aren’t doing this is because bankruptcy and darkness. pressure off Eskom, with mines and unwilling to take the necessary steps to deliver 100MW in as little as six to of artifi cial limits, she said. intensive users generating their to get power fl owing to South Africa 18 months. Dean said that a significant See “Cosatu suggests an Eskom solu- own power. again.” She says the South African Wind tranche of solar photovoltaics (PV) tion”, Page 21, and “Mr Gordhan, Mantashe is aware of all of this, Jo Dean of the South African Energy Association (Sawea) “knows will allow additional energy to go to Eishkom isn’t a natural disaster”, said Kevin Mileham, the Democratic Renewable Energy Council (Sarec), that current operating wind farms pump storage to serve evening peak Page 25

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As the Economic Freedom Fighters head to establishment of a women’s command and the their second elective conference this weekend, fate of its student wing. The Mail & Guardian two policy issues will be hotly debated — the looks into why these issues could cause a stir Mandisa Mashego: The EFF ‘shit stirrer’

The rest of the top six positions The party’s Gauteng chair and the only woman are also up for grabs, with Mashego provincial leader reflects on her feminism and the being on a slate that includes cur- possible establishment of a women’s command rent party chairperson Dali Mpofu. Although Mashego confirms there No-nonsense fighter: Mandisa Mashego is one of those tipped to have been “healthy discussions” replace Godrich Gardee as the EFF’s secretary general. Photo: Veli EFF for just over a year, Mashego within the party about the upcom- Nhlapo/ Gallo images Thando Maeko & Sarah Smit touches on her experience in South ing leadership battle, she declines to make people very uncom- Africa’s third-largest political party. comment on whether she would be EFF envisions a “fully functional” establishment of a women’s wing, fortable, but fortunately I “When you fight you must know available to take up a position in the women’s command, youth and stu- Mashego says it should not be got into the Economic Free- that you are going to be a casualty,” leadership. dent’s command and a “young pio- formed for the sole purpose of dom Fighters as an adult she says on the phone, adding that Such discussions tend to “polarise neers movement” as part of its ideal attracting more votes, but should ‘I in fighting for certain issues, you and I had already fought members and create unnecessary organisational structure. rather focus on issues that affect many battles,” says EFF Gauteng tend to become a “bogeyman or divisions”, she says. The party has identified its failure women — issues such as unemploy- chairperson Mandisa Mashego. bogeywoman”. Mashego is going into the EFF’s to establish these various structures ment, poverty and gender-based Amid preparations for the party’s “This is a generational fight. You four-day conference backing calls in its formative years as one of its violence. second elective and policy conference fight for women and, if you benefit … for a women’s wing. The possibility weaknesses. “What we need is an organisation this weekend, Mashego took some you’re the shit-stirrer.” of this was raised by Malema last Mashego says that in the 2014 gen- that is going to come out with a pro- time to speak to the Mail & Guardian Ahead of the conference, a party month, when he bemoaned the par- eral elections — where the EFF gar- gramme that will be innovative, but about the possible formation of a insider said Mashego will be contest- ty’s failure to attract more women nered just above 6% of the national also genuine,” Mashego says. women’s wing. ing the position of secretary general, voters over the past six years. vote — only 40% of their voters were Mashego is also sceptical of moves She starts by putting us on hold to a role currently held by Godrich Of the party’s leader, Mashego women. But she believes that the by men to spearhead women’s wrap up another call. Gardee. says: “He’s the only president of party’s support base among women issues. Mashego’s no-nonsense attitude Mashego will likely go head-to-head a political party who genuinely has grown since then. “When we expect men to defend earned her the reputation of being a with the favoured EFF MP Marshall addresses gender issues. And who “If you look at Gauteng, where women it’s like expecting wolves to “shit-stirrer” long before she joined Dlamini, who is said to be closely will not have any discussions with- 250 000 more people voted for the save sheep,” she says. the EFF soon after it launched in linked to party leader Julius Malema. out raising a gender issue and who EFF in 2019 than in 2014, it’s com- “Men have nothing to benefit from 2013, she says. Numerous slates have been touted has confronted gender issues within pletely logical to conclude that our feminism. They have everything to Having been in her role as the on social media, with Malema on all his own party.” support has grown from that 40%.” lose, because patriarchy provides only woman provincial leader in the of them. In its discussion documents, the Although she supports the them with undue privileges.” Student command backs a shake up of EFF top six

Sarah Smit & Thando Maeko against him, accusing feminists in the command of using these claims With all the top six positions up to “problematise” him among the for grabs, the student wing of the EFF leadership. Economic Freedom Fighters is back- He said “you can’t allow this liberal ing a “contestation” slate as the party feminism that is sweeping across heads to its second elective and pol- these white institutions … to infil- icy conference this weekend. trate the structures of the student The slate, which puts EFF national command”. chair Dali Mpofu in a top position, The move to disband the command will go against a “unity” slate of has inspired prominent party mem- members of leader Julius Malema’s bers to come to its defence, including inner circle — including Floyd KwaZulu-Natal leader Vusi Khoza Shivambu. who, according to Sunday World, A high-placed insider revealed that leads the faction backing Mpofu. the EFF Student Command (EFFSC) After Malema suggested the struc- — which Malema has openly criti- ture should be disbanded during a cised, suggesting that its fate hangs in November press conference, Khoza the balance — will be backing Mpofu took to Facebook to defend the stu- and the “contestation” slate, which dents, writing: “We are the EFFSC seeks to disrupt the status quo and the and the EFFSC is us. We know that centralised power of the leadership. the 425% increase in electoral support This information is backed up by in KZN in Elections 2019 was a direct controversial one-time EFF student result of #Uphephela. Lest we forget!” command presidential contender But student command president Kamvelihle Goba, who told the Mail Mandla Shikwambana has opted for & Guardian he is confident Mpofu Flexing their muscles: The Economic Freedom Fighters Student Command is seeking to disrupt the party’s diplomacy amid disbandment calls, will secure a top spot. The student status quo by backing a ‘contestation’ slate at the EFF’s elective conference. Photo: Delwyn Verasamy telling the M&G that he appreci- command has little voting power, ates Malema for opening the debate with only two delegates at this week- national chairperson, respectively. A faction reportedly backing branch member”. He added that about the future of the command. end’s elective conference, though Mente is on both slates. Mpofu has been referred to in Mpofu does not inspire fear in mem- “It would be wrong to say there are calls for its disbandment have sown The slate proposes senior party reports as “Amapiano”, although bers who take positions that differ divisions between the EFF and the seeds of division in the party. members Poppy Mailola as deputy the insider said the grouping named from the party line. EFF Student Command. Ideas must According to the source, there are secretary general and Omphile after the electronic music genre rep- In September, Malema said at a be debated,” he said, adding that the only two real top-six slates fighting Maotwe as treasurer general. resents a third “fringe” faction. press briefing that Goba — who has student command will ask delegates it out this weekend. All positions, Reports have said this slate ema- Goba said the scandals that have a chequered past that includes being to consider voting members from its including the presidency, are up for nates from what has been dubbed plagued Shivambu — including alle- accused of rape and assault — was ranks into the CCT. grabs, he said. Malema is included in the “Amatorokisi” faction. gations he benefited from the loot- not an EFF member. Shikwambana also called for disci- both slates, which may end up com- The rival faction pits Mpofu against ing of VBS Mutual Bank — have seen Two months earlier, Goba was pline from the student command in promising on certain positions, if Shivambu and is lobbying for EFF him fall out of favour among party involved in a punch-up with the run-up to the conference. push comes to shove. Gauteng chair Mandisa Mashego to members. He said “comrades” are current EFF secretary general “We are hoping that the confer- The so-called “unity” slate wants go up against Dlamini. The faction throwing their weight behind Mpofu Godrich Gardee on the ground ence will give us leaders who will see Shivambu to stay as deputy presi- wants Hlengiwe Mkhaliphi to retain because “he is the voice of justice, the floor of the party’s headquarters in a need for a generational mix in the dent of the party. It has put up EFF her position as deputy secretary gen- voice of reason. He is the only cadre Braamfontein. The fracas was caught EFF,” he said. “The generational mix MPs Marshall Dlamini and Veronica eral and Rendani Munyai to step in as in the CCT [central command team] on the building’s CCTV cameras. of the EFF must be different to the Mente as secretary general and treasurer general. who will take a call from an ordinary Goba rebuffed the rape allegations generational mix of the ANC.” Mail & Guardian December 13 to 19 2019 7

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The help-line workers Millions of calls and their union say 25 there are not nearly Emergency calls to the police enough people to pick 20 Number of calls received by 10111 up the calls — and 15 call centres over the past nine years sometimes people are In millions shot dead while they 10 are listening 5 Sarah Smit he number of calls to 10111 call centres has 0 almost doubled in the 2010-11 2011-12 2012-13 2013-14 2014-15 2015-16 2016-17 2017-18 2018-19 past year, but workers Tand their union say there is not enough capacity to answer all of them. According to reports, before her brutal murder, 21-year-old Capricorn TVET College student Precious Ramabulana attempted to call the emergency number but could not get through. One of Ramabulana’s friends who lived in the adjoin- ing room also reportedly tried to call 10111, but she also could not get through. Ramabulana was raped and stabbed more than 50 times. When police arrived on the scene, about three hours after Ramabulana reportedly fi rst tried to call 10111, she was still alive, but died shortly after. According to the most recent annual report from the South African Police Service (SAPS), 10111 call cen- tres received just over 23.2-million calls in 2018-19. This is compared

to the 12.6-million calls received the REPORTS by: SAPS ANNUAL Graphic: JOHN McCANN Compiled SARAH SMIT Data source: previous year. The Mail & Guardian requested a South African Policing Union Barnard said, according to statis- tors cannot keep up with all the calls According to numbers provided more detailed breakdown of these (Sapu) chief negotiator Barries tics acquired by the union, on a daily … It’s not possible to handle the by the SAPS in response to a 2017 numbers and of the number of aban- Barnard told the M&G that there are basis 1 300 calls are dropped at the volume of calls. It [the call centre] question by Democratic Alliance doned calls from the SAPS, but there not nearly enough 10111 workers to Gauteng call centre in Midrand. should be four or fi ve times bigger,” MP Archibold Figlan, that year there was no response. cope with this spike in calls. “This is simply because the opera- he said. were 754 workers at the 22 call cen- tres nationwide. The large majority of these workers (247) were based at the Gauteng call centre. Fight wages on at 10111 about adequate compensation A Gauteng call centre operator, who spoke to the M&G on the con- Workers who operate the 10111 dicted by SAPS, which argued that could not have been foreseen the union: “You know, fi rst and dition of anonymity, said: “The emergency line are getting ready it was unprotected on the basis at the time of entering into the foremost, we had no choice not number of calls that we get is highly to take the South African Police that the issue in dispute was set- agreement”. to go for this Police Act thing,” he incompatible with the number of Service (SAPS) to court over its fail- tled by a collective agreement con- The letter is addressed to the said. “We were put under duress, personnel in the centre. There are ure to promote their ranks to the cluded between the SAPS and rival secretary of the Safety and Security let me put it like that.” times we are even not able to go on same level as police offi cers. trade union, the Police and Prisons Sectoral Bargaining Council and The worker, who works at lunch. It’s unacceptable. Let me just Call centre workers — who are at Civil Rights Union (Popcru). was signed by deputy national the Gauteng 10111 call centre in put it this way: there are no employ- the frontline of emergency services To resolve the dispute, SAPS said commissioner for human resource Midrand, said the translation is not ees at 10111. There is a massive for the police — have been fi ghting it would translate the 10111 work- management, Bonang Mgwenya, clear because the agreement does shortage.” for a wage increase for more than ers to constables, who are on an in September. not outline how worker experience The worker said they are often two years. Now, after a promise equivalent wage level. According to the letter, SAPS will be recognised. He said he has expected to answer up to 300 calls that would see them being paid the Sapu chief negotiator Barries embarked on a review of the worked for SAPS for 13 years. during one 12-hour night shift. same as police offi cers has seem- Barnard said there was an “ulterior agreement. “In this regard seri- The worker said they “felt That’s just less than a call every two ingly been broken, their union is motive” because the translation ous consideration is given to a obliged” to go along with the agree- minutes. threatening fresh legal action. would mean that the call centre dispensation whereby the aff ected ment, for fear that they would lose According to call centre training, According to the South African operators would be declared essen- employees will be considered for some of their benefi ts. these calls should take less than Policing Union (Sapu), the major- tial under the Police Act. Workers advancement within their current “We ended up accepting it. But three minutes. But more complex ity union among 10111 call centre who render essential services can- occupational dispensation.” still, it is not coming,” he said. “moving” complaints can last much operators, SAPS has failed to not go on strike. This eff ectively amounts to a The worker added: “My point in longer, the worker said. honour an agreement to change But Sapu eventually signed withdrawal of the translation highlighting this is to say that they He added that many workers are these workers’ status from being off on an agreement to translate agreement. [SAPS] have always had things left traumatised by calls. “Sometimes employed in line with the provi- the workers. The new agreement Barnard said: “We have in the their way. They have always done a person gets shot while they are on sions of the Public Service Act to allowed call centre workers to be meantime declared another dis- things unilaterally. Most of my the line and you are still trying to that of the South African Police upgraded to the salary level as high pute, compelling the employer to colleagues have accepted this. But help them.” Service Act. as that of a warrant offi cer — two implement the agreement.” it is a big problem that it is not The worker said the job is “a very The transition was supposed to levels higher than a constable — He told the M&G that the dis- implemented.” big responsibility … Because these be implemented in April this year. depending on how long they had pute is set down for arbitration in He said workers feel they have are the very same communities we In 2017, Sapu-affi liated 10111 worked for 10111. January 2020. been disregarded “big time”. live in. And most of the problems workers went on strike. At the Barnard said that, in August, Barnard explained that the arbi- “We don’t know what is happen- that they are reporting, we can easily time, the union noted that these Sapu was told that the board of tration will decide whether the ing — what will happen. The union relate to those problems.” workers were paid less than other commissioners had challenged translation agreement is valid. “If keeps telling us that they will take He said he feels “so bad” about not call centre workers appointed in the national commissioner, say- it is a valid agreement, then we will the employer to court. But what being able to answer every call. terms of the Public Service Act. ing they had not been consulted simply go to the Labour Court to are the major things they have “Or even when you look at that These workers were reportedly and would be withdrawing the enforce that agreement.” done to show us that they are really outcome of that complaint, you say earning as little as R7 000 a month agreement. One call centre worker, who intending on taking the employers to yourself: ‘No. This person should after deductions. Sapu demanded A letter, seen by the M&G, says: spoke to the M&G under the condi- to court?” have been assisted better.’ ” an entry-level salary of about “SAPS management realised that tion of anonymity, said he and his The SAPS did not respond to the The worker added: “All the suc- R19 000 a month. the said agreement has certain colleagues are frustrated with the M&G’s requests for comment. — cesses of the SAPS, they emanate The strike was successfully inter- unintended consequences which back-and-forth between SAPS and Sarah Smit from 10111. But we are mentioned nowhere.” Mail & Guardian December 13 to 19 2019 9 News South32 in firing line over rights

Five companies, led by Zurivision, have taken the department of mineral resources to court over its awarding of a licence to the Aussie mining giant

Thanduxolo Jika which holds the Pegasus min- ing right. Its BEE [black economic showdown looms empowerment] ownership, as deter- At the coalface: Eskom’s Grootvlei power station (above). South32, together with Exxaro, supplies more than in the high court in mined under the mining charter, is 70% of Eskom’s coal. Mike Teke (below, centre) of Seriti Resources, which is the preferred bidder for South 32’s Pretoria about the currently 36.4%, which comprises mining assets in South Africa. Photos: Dean Hutton/Bloomberg/Getty Images and Waldo Swiegers AMpumalanga mining a combination of credits attribut- rights of Australian able to equity held by a BEE consor- mining giant South32 SA Coal Hold- tium and credits arising from the ings. historic sale of attributable units Five companies have taken the of production to BEE entities. The minister of mineral resources and claim is without foundation and is energy (DMR) Gwede Mantashe, being opposed by South32 SA Coal to court in an attempt to compel Holdings Pty Ltd.” him to make a decision on their Together with Exxaro, South32 appeals against his department. supplies more than 70% of Eskom’s This is after it denied them a min- coal. Its BEE partners include the ing licence at Farm Geluk 276 JS in Phembani Group, which is owned Witbank, which was instead granted by Phuthuma Nhleko, who bought to South32. President Cyril Ramaphosa’s assets According to the court application when he returned to politics. brought by Zurivision and four of In August, South32 announced its associates, department officials that Seriti Resources, which is led by fraudulently issued South32 with a Mike Teke, was the preferred bidder mining licence, despite its prospect- for its mining assets in South Africa. ing rights having lapsed in October The deal attracted criticism as 2009. Teke, accompanied by one of his In its court papers, Zurivision said: directors, Lefa Mbethe, and a team “The documents requested by DMR from South32, met senior depart- in its purported letter of acceptance ment of minerals and energy officials dated 25 February 2014 were actu- a full week before the Australian ally uploaded onto the DMR system giant announced to shareholders on 13 May 2013, being some nine that Seriti had won exclusive rights months prior to the alleged letter of to negotiate to buy its coal business, acceptance … The purported accept- South African Energy Coal. ance letter referred to above was In January this year Teke made The appeals were subsequent to tially and meaningfully expand Zurivision and its partners have only uploaded on the DMR system a donation to the president’s CR17 the department denying the five opportunities for historically disad- also approached the Competition on Saturday, 23 February 2019 being campaign, which had concluded at companies small-scale mining per- vantaged person, including women, Commission to complain about the some five years after the said letter the end of 2017. mits and mining rights, in favour of to enter the mineral and petroleum South32 and Seriti deal. was allegedly authored or dispatched In October, Zurivision and its South32. industries and to benefit from the The commission’s spokesperson, to South32.” associates took to the courts after They accuse the department and exploitation of the nation’s mineral Sipho Ngwema, could only con- In a statement to the Mail & their two appeals — for smale-scale the minister of not following the and petroleum”. firm that South32 and Seriti have Guardian, South32 said that there mining permits and mineral rights, requirements of the Mineral and Zurivision further argues that reported the transaction and it will was no merit to the application and it which were lodged with the depart- Petroleum Resources Development South32 does not have the 26% BEE go through normal processes. was opposing it. ment of minerals and energy in Act 28 in granting the license to required by law, but just 8%, a claim The department of minerals and “South32 is aware of the claim. November 2018 and February 2019, South 32. that South32 has dismissed, saying energy declined to comment, citing South32 SA Coal Holdings respectively — were never heard or The Act’s fundamental principles that it has 36.4% BEE. that it was preparing its notice of Proprietary Limited is the entity, considered by the department. state that the state shall “substan- The M&G understands that intent to oppose the court case. 10 Mail & Guardian December 13 to 19 2019 News

SLICE OF LIFE Little feet changed my life After 24 years of virginity testing, the day I found out I was pregnant I was shocked. Everything in me said this was wrong. How could I fall pregnant out of wedlock? What about all the years I waited for marriage and saved myself? For more than two decades I was taught how chastity and keeping myself for marriage were so important. Don’t get me wrong; I was very proud to undergo virginity test- ing. It was part of my upbringing and culture. It was never forced on me. It was something I looked forward to every year and being told again and again that I was a virgin made me feel proud. We were also taught about how important marriage was and not to become pregnant if we were not married. So when I became pregnant four years ago I just could not believe it. I was somewhat fearful of what people would say and how they would look at me. But the moment I saw my son, and held him in my arms, everything changed. I saw Lethabo’s little feet and I was in love. Everything about how I had disappointed my culture and family evaporated. I just saw the most perfect little boy. The feeling I felt that day in March of 2014 ... I can’t really describe it. I was outside of my body. I was floating. I no longer felt I was chained to thinking I was only allowed to have a child in marriage and thinking some man will come and save me and legitimise my life. Lethabo gave me a new lease on life. He reminds me of myself when I was younger. He is full of energy and inquisi- tive. I would never give that up for anything, even a few more years of being a virgin. — Zama Luthuli (31) as told to Athandiwe Saba

Photo: Delwyn Verasamy Refugees going home to nowhere

ment of home affairs. The department is a Asylum seekers will leave the respondent in the case. Cape Town church, but most The group’s leader, Jean-Pierre Balous, dis- missed the allegations of intimidation. do not have documents, a He instead accused police, the city and the situation they blame on the government of not keeping them safe. But the court wants an amicable solution to home affairs department the impasse. Judge Kate Savage ordered the parties to meet Lester Kiewit and find a dignified solution, especially for the hundreds of women and children who have few hundred refugees and asy- been sleeping on floors and benches for weeks. lum seekers who have been The group’s other leaders, including Sakumi, housed in a central Cape Town said discussions with the city since then had church have promised to leave been positive. Aby the weekend. “The court said we must meet with the city, The group of a few hundred people have police and home affairs. We started those meet- been living inside the Greenmarket Square ings immediately and, hopefully, we will find Methodist Church since their forced removal a conclusion. We requested temporary accom- by police from the offices of the United Nations modation. They said they will come back to us. High Commissioner for Refugees (UNHCR) at But we will wait for the court to get back to us the end of October. with a final decision,” Sakumi said. A similar occupation took place at the Accommodation is not the only concern. The Pretoria UNHCR offices last month. displaced people say that even if they leave, Their leaving the church will end months of they run the risk of intimidation and arrest by tensions between the refugees, the government Solutions: On Monday the high court told the city, home affairs officials and foreigners police and home affairs officials because many and humanitarian agencies. living in a Methodist church in Cape Town to discuss alternative accommodation options. of them do not have proper immigration docu- The group was demanding that they be taken They will be back in court today discuss the resolution. Photo: David Harrison ment. They blame this on the home affairs to another country because they no longer felt department. safe in South Africa. Earlier this week, the City of Cape Town The city’s fire and safety inspectors warned “We need home affairs now. They will have Their imminent departure is also motivated approached the high court for an order to have that the crowded church was a health risk. to come and give the people papers. They by the deaths of four boys from the group, the refugees removed from the church and the Every available space — including the altar — is have said that they are waiting for us to have who drowned after being swept out to sea by immediate vicinity of Greenmarket Square. covered with mattresses or bedding. Extra fire accommodation and they will sort out papers strong currents off Three Anchor Bay, near the The city said it was enforcing municipal by- extinguishers have brought into the church as for those who don’t have papers, those who are city centre, two weeks ago. At the time of their laws against urinating and defecating in pub- a precaution. newcomers and those who have been rejected,” drowning, the boys’ relatives said they had lic, open fires and people washing themselves If the order to evict the refugees is granted, Sakumi said. gone swimming to escape the close living quar- in public. it is unclear how it would be enforced. The Meanwhile, an exodus to Namibia by the ters of the church. There were also complaints from businesses church’s Reverend Alan Storey said that refugees failed. Sakumi said seven families Papi Sakumi, one of the group’s leaders, said: and hotels in the centre of the city that the refu- although he had asked the people to leave, and had attempted to cross the border, but were “We were asked by the pastor of the church to gees had affected business. although the situation inside the church had prevented because many of them do not have wait till after the burial of those boys before we A spokesperson for one hotel, Inn on the become untenable, he would never allow police the correct documents. “We had 66 people who leave. But we’ll hopefully be gone by the week- Square, said it was losing up to R50 000 a to enter the church. travelled to the border with Namibia. They end. We will leave by ourselves, even if we have day in cancelled bookings. It also alleged that At court, refugees represented themselves were sent back. So, that is not happening any- no place to go.” guests and employees had been intimidated. against advocates for the city and the depart- more. That plan is out of order.” Mail & Guardian December 13 to 19 2019 11 News Fraud accused: Contract breach SIU’s fault

Sabelo Skiti and media reports attempting to fix a presentation on a hire purchase Socikwa face criminal charges Barloworld R1.5-million a month for blame on Kwane Capital must there- arrangement from Mlonzi’s Kwane because he signed an agreement to the plant and in return received R2.9- raud accused businessman fore be evaluated objectively on the Capital, Socikwa decided to piggy- buy equipment for R107-million with- million a month from the munici- Mcebisi Mlonzi is blam- basis of the facts disclosed herein.” back on Kwane’s contract with the out a budget or council resolution, pality. Over the 36-month contract ing the Special Investigat- SIU spokesperson Kaizer Kganyago Port St Johns local municipality to failed to ensure it was not under- period this would have amounted Fing Unit (SIU) for allegedly said: “The matter is now before the purchase the plant. The SIU noted used, failed to ensure that prescripts to a R50.8-million difference for the providing bad advice to the courts, unfortunately we cannot com- that the piggyback, through regula- of regulation 32 were met, and was municipality had it purchased the Amahlathi local municipality that ment any further.” tion 32 of the MFMA, did not meet negligent in letting Amahlathi incur plant directly. resulted in the entity surrendering the The SIU’s report said Socikwa did requirements because the plant irregular, fruitless and wasteful Mlonzi said the SIU’s calculations heavy construction plant equipment it not have a council resolution justify- bought by Amahlathi varied from expenditure of R92-million. did not take into account the finance had already paid him R92-million for. ing the contract with Kwane. what was bought by Port St Johns. A forensic cost analysis by the SIU fees of the hire-purchase agreement, Mlonzi is one of two men arrested In March 2014, after receiving The report recommended that found that Mlonzi paid Avis and as well as the full maintenance. in the Eastern Cape two weeks ago. He appeared in the Stutterheim magistrate’s court last Monday on charges of fraud related to his con- tract in 2014 to supply heavy plant machinery valued at R107-million to the municipality. Appearing along- side him was former Amahlathi municipal manager Balisa Socikwa, who was charged with contravening the Municipal Finance Management Act (MFMA). The two were released on R50 000 and R30 000 bail respectively. Mlonzi told the Mail & Guardian his issues with the municipality were for the civil courts because they were not criminal in nature. “The SIU’s contention is that we entered into a hire- purchase agreement with the municipality without an intention to transfer the plant because it belonged to Avis and Barloworld. But we entered into early set- tlement with both sup- pliers, bought the plant, and informed the munic- ipality they could get the equipment once install- ments were completed.” He added that at the time of the dispute, in September 2016, Amahlathi had paid a R8.9-million deposit, plus 28 monthly install- ments of R2.6-million each, and only needed to pay a further five instal- ments totalling R14.9- WHOA! million to take full own- ership of the equipment. The municipality’s TAKE A BREAK AND STAY AWAKE. decision to end the deal followed an instruc- tion by the SIU, whose investigation found that Mlonzi’s company, Road safety is not only about not drinking and driving, it is also about being alert on Kwane Capital, was the road. It is important to take a break from time to time- especially when driving not the owner of the long distances. equipment. The SIU’s report said it was established that If you notice that you have trouble keeping your eyes open, or paying attention, park Kwane did not have a your car in a safe place and take a nap. hire-purchase agree- ment with Avis, and did not trigger a purchase It’s better to get to your destination later than not get there at all. option with the other supplier, Barloworld. Mlonzi said he initi- ated the outright pur- chase of the equipment, using another company “with a stronger balance sheet” and informed the municipality and the SIU that he owned the titles to the vehicles. “The consequences of the municipality’s www.sanral.co.za breach of contract lies solely with the munici- Reg. No. 1998/009584/30 An agency of the Department of Transport. pality, and statements 12 Mail & Guardian December 13 to 19 2019 News The good, the bad and the vegan

There’s a global push for people to become vegans, or at least eat less meat, to reduce their carbon footprint. Annerine Snyman looks at food production in South Africa and why not everyone could, or should, be vegans

eat is a symbol of The cost of the shift to more South Pros and cons: Soya beans affluence. The more Africans living in cities and reach- (above) provide protein but wealth people have, ing middle class status was captured mass production causes the more meat they in a 2015 study, The Hidden Cost of deforestation. Goats can Meat. This means Eating Meat in South Africa: What survive in arid areas (left) more fodder and water is required Every Responsible Consumer Should and meat (below) is the most for livestock. Know, in the Journal of Agricultural efficient source of iron and Agriculture in South Africa and Environmental Ethics. The vitamin B12. Photos: Yasuyoshi/ accounts for about 9% of greenhouse authors found that more people were Chiba/AFP & Paul Botes gas emissions, with livestock produc- eating processed and high-protein tion responsible for 5.5%, accord- foods, especially meat and dairy ing to Heinz Meissner, an adviser products. These foods require more most people, because of the cost. to, among others, the dairy and red land and water than fruit, vegetable Her business is trying to change meat industries. (The biggest culprit and grain crops. this (while also being profi table) by is the energy sector, which accounts The authors said that “traditional making food more aff ordable. for more than 70% of emissions.) agricultural farms” are being replaced Kahvu also says that a plant-based The climate crisis requires that with concentrated animal feeding diet is something that was acces- global carbon emissions drop by 45% operations, also known as factory sible and the norm for Africans, by 2030, and to zero by 2050. By not farms, where the livestock are raised before colonisation. “I believe that eating meat, people would contrib- in a way that makes optimal use of veganism originated in Africa, to ute to reducing global warming. space and other resources to maxim- African black people, and it was But, in South Africa, this is dif- ise production and increase profi ts. never too expensive for us to grow ficult. Just 12% of the country has Maryke Gallagher, a spokesper- and eat our own vegetables. But due the right mixture of soil and water son for the Association for Dietetics to systems such as colonisation and to grow crops, whereas livestock in South Africa, says a large part of just bad education, infl uences and can live on marginal land — think the country’s food system is indus- practices, the vegan diet became of sheep in the arid Karoo. Fruit and trialised, which means it makes a expensive.” vegetables are also expensive, and lot of food that is aff ordable but has the higher their quality, the more low levels of nutrition. These foods nda Mtshemla, author of expensive they are (and the more are non-wholefoods, which includes the 24Karrots blog, says likely they are to be exported). many canned or pickled foods with that most people think Meissner says land use and eco- added salt and sugar. Abeing vegan means eating nomics make it diffi cult to go for a As a result, she says, “A third of quinoa, fl axseed and “a lot of things vegan food system in South Africa: South Africans are food insecure that not many people have access to”. “We do not have the water resources with malnutrition in its various She also says that many people are and suitable soils to produce forms, a signifi cant health challenge, already eating vegan meals without [enough] vegetables and fruit” and while the prevalence of noncommu- realising it, because “it is not how “from a GDP [gross domestic prod- nicable diseases [such as diabetes, veganism looks on Instagram”. uct] point of view, in terms of exports stroke and cardiovascular diseases] Mtshemla claims that a lot of and so on, most of the water in irri- and obesity are increasing.” She explains that such diets can attention to protein intake. Animal- lower income people aspire to eat gation will be used for high value be good options, noting that they source foods tend to primarily con- more meat, because of the social crops such as grapes, citrus, avoca- ata from the South are typically associated with lower tain the so-called high biological aspect attached to it. “So, it is really dos, nuts and blueberries to earn for- African Food Sovereignty kilojoule and fat intake, which can value proteins, as well as certain about educating people to know eign currency, and will not be used Campaign shows that reduce the health risks of obesity and micronutrients that are associated that they shouldn’t really aspire to for grains, vegetable and fruit pro- D14-million people go to diseases such as heart disease and with animal-source foods, for exam- eat more meat. They probably just duction to feed the population.” bed hungry. That’s a quarter of the high blood pressure. Vegan diets are ple vitamin B12 and iron.” need to add more diversity of plants The Bureau for Food and population. also higher in dietary fi bre, which is She says the items people choose in their diets.” Agricultural Policy, a nonprofit And, even though a vegan diet could “benefi cial for most people”. to buy determine the price and Red meat industry adviser organisation, worked out how much potentially solve this problem, Friede But Wenhold warns that these nutritional value of their diet. “For Meissner says that veganism is lim- it would cost a family for a basic, Wenhold, from the department of options are good only under cer- example, one could choose to only ited to the affl uent and middle class healthy diet in its “thrifty healthy human nutrition at the University of tain circumstances and if foods are consume a single type of food, such of South Africa. He says this group is food basket”. It found that a family Pretoria, says that in terms of vegan chosen carefully. “Long term adher- as maize meal porridge. That would estimated to be less than half a mil- of four needs a minimum income diets, “one size does not fi t all”. ence to veganism requires careful be a vegan diet and very aff ordable, lion, out of the nearly 60-million peo- of R7 212, if 35% (R2 524) of total but certainly not healthy.” ple in the country. expenditure is spent on healthy food. Variety, she says, is key. And this Some 70% of agricultural land is The basket includes vegan foods — Greenhouse gas emissions makes it all the more difficult for used for livestock production, and starch-rich staples such as maize from food production people without money to stick to a agriculture uses two-thirds of the meal, brown bread, rice, potatoes vegan diet. country’s water. A heating planet and wheat fl our, along with fruit and As a percentage of SA’s total emissions Gallagher says that the necessary — with increased variability in rain- vegetables (apples, bananas, oranges, nutrients can be obtained from fall and droughts — means farm- tomatoes, onions, carrots, cabbage a well-planned vegan diet, but in ing, which is a tough business, will and pumpkin), legumes (dried beans some cases, supplements — such become more diffi cult in the future. and baked beans), as well as non- as B12, iron and Vitamin D — may Increased efficiency in water use vegan foods, such as animal protein be necessary if dietary intake is not might mean there is more water for (beef mince, chicken, canned pil- suffi cient or a person doesn’t have irrigation, which would allow for chards and eggs) and dairy products access to suffi cient dietary sources. fruit and vegetable crops to be grown (milk, cheese and margarine). These supplements can add extra on marginal land. And, if more peo- If a family with two adults earn the Livestock costs to a diet and without taking ple become vegan, economies of minimum wage — R20 an hour — and Agriculture these pills, it might be important for scale will make growing these crops works eight-hour shifts for fi ve days people to have “small amounts of cheaper and more people will be able a week, they will have a combined 5.5% animal protein”. to buy it. income of R6 400 a month. Which 9% Nicola Kahvu, chef and owner But, for now, a fully vegan diet is means they cannot aff ord a healthy of African Vegan on a Budget, says something that only a small number food basket. Graphic: JOHN McCANN Compiled by: ANNERINE STRYDOM veganism is not yet possible for of people can aff ord. Mail & Guardian December 13 to 19 2019 13 News Rape co-perpetrators can be convicted

Matters) Amendment Act. The order Even a person who has therefore applies to rapes that hap- not ‘instrumentally’ pened prior to December 2007, when the act came into force. been involved can now The court, however, also made clear be tried for the crime in its reasoning that instrumentality has been done away with by the Act, NEWS ANALYSIS implying that the doctrine of com- mon purpose can also be used to con- Franny Rabkin vict under the current legal regime. here have, for centuries, The doctrine of common pur- been anachronisms in pose got a bad reputation when it the law when it comes to was used by apartheid-era courts to rape; anachronisms that wrongly convict people involved in Tcan only be attributed to anti-apartheid political activities. patriarchy. Liberation hero Solomon Mahlangu In a judgment of the Constitutional was convicted and sent to the gal- Court this week, acting Justice lows on the basis of the doctrine of Margaret Victor recounted how common purpose. there was a time when a man could Properly applied, however, the not be convicted for raping his wife. doctrine does not mean that any per- This was done away with in 1993. son who is around when someone is There was a time when the law raped (or murdered or assaulted) can required that the evidence of a rape be convicted. The doctrine requires complainant be treated with “cau- either someone’s prior agreement tion” — she might be “motivated to commit an offence or their active by spite, sexual frustration or other association or participation. unpredictable emotional causes”, In the case this week, a group said legal academics in a textbook in of men went on a rampage in the 1983. This cautionary rule was also Umthambeka section of Tembisa, done away with in the 1990s. Penal code: Justice Rammaka Mathopo ruled that if common purpose extends to murder or assault then it is ransacking, looting and raping. There was a time when only a man irrational and arbitrary to make a distinction for a genital organ. Photo: David Harrison Eight women were raped, includ- could rape, and he could only rape a ing a 14-year-old girl and a visibly woman. That was done away with in were actively involved in it. someone’s hands, an assault is done to crimes of murder, common assault pregnant woman. Mathopo said “the 2007. There was even a medieval law There had been much confusion by someone’s fists — yet with these or assault with intent to do grievous terror that poured out on this com- that required a woman to immedi- about rape and the doctrine of com- crimes, the doctrine of common pur- bodily harm, it is irrational and arbi- munity was well-orchestrated and ately raise “a hue and a cry” after she mon purpose before, with different pose applies. trary to make a distinction when a meticulously calculated”. The high had been raped, said Victor. courts reaching different conclu- Mathopo précised the commis- genital organ is used to perpetrate court was right when it concluded This week, the Constitutional sions. Some courts and legal academ- sion’s argument thus: “It is both arti- the rape … It would be a sad day if that “included in that plan or Court clarified that another patriar- ics had said that common-law rape ficial and unprincipled. It is artificial courts were to countenance such an understanding was the rapes of the chal anachronism “has no place in is an offence that requires “instru- as there is no reason as to why the use arbitrary distinction.” complainants”. our modern society, founded upon mentality” — that, by definition, it of someone’s body should be determ- Rape was not a crime purely about Justice Sisi Khampepe and Victor, the Bill of Rights”. requires the insertion of the man’s initive in the case of rape, but not in sex, he said. It was about express- both wrote separate, concurring A unanimous judgment from acting genitalia into the woman’s genitalia. the case of assault or murder. The fal- ing power through the degradation judgments. Justice Rammaka Mathopo decided The person who co-plans the rape, or lacy in this approach, it was argued, and violation of a person’s dignity. Mathopo said that the that it is not just the man whose penis who holds the woman down even, is seeks to carve out crimes of a sexual “There is no rationale for treating the Constitutional Court would be fail- penetrates who is the rapist — a per- an accomplice, not a co-perpetrator, nature and to exclude the application one who penetrated differently from ing in its duty if it did not “send out son can be convicted for the common- according to the instrumentality of common purpose to such crimes.” the others who did not.” a clear and unequivocal pronounce- law offence of rape based on the doc- argument. Mathopo agreed with the CGE, The court’s order is limited to the ment that the South African judici- trine of common purpose. During argument, the Commission saying the instrumentality approach common-law crime of rape — which ary is committed to developing and The doctrine allows courts to con- for Gender Equality (CGE) argued perpetuated gender inequality and has since been replaced, and broad- implementing sound and robust vict someone as a co-perpetrator if that this approach was fundamen- promoted discrimination. “If the ened significantly, by the Criminal legal principles that advance the they planned the crime together or tally flawed: a murder is done by doctrine of common purpose extends Law (Sexual Offences and Related fight against gender-based violence”. High court forbids expulsion of undocumented children

Bongekile Macupe ling undocumented learners, or not “Besides facing the danger of being admitting them. stateless, the children are beset by The high court in Makhanda on The papers were filed in 2017 and two problems: first, being aban- Thursday delivered a landmark the case was heard in September this doned by their parents and, second, judgment that will ensure that no year. being denied the right to basic edu- child will be barred from education In the judgment, Judge President cation on the basis that they lack a because they are undocumented — Selby Mfanelo Mbenenge found piece of paper identifying who they even those who are seen as illegal two clauses of the schools’ admis- are and lack the means, themselves, foreigners. sions policy problematic .These are to acquire identification documents.” This follows an application by the clause 15 — which says that a parent In September, the Mail & Centre for Child Law, Phakamisa must provide a birth certificate for a Guardian reported that, according Breakthrough: The Makhanda high court judgment means no child can High School and 37 children — rep- learner to be admitted at a school — to court papers by the Centre for be denied a place in South Africa’s public schools. Photo: Madelene Cronjé resented by the Legal Resources and section 21 — which says children Child Law, even children who were Centre — against the department of classified as illegal foreigners must abandoned and orphaned, some of tion, the MEC for education in the school after they have been admit- basic education (DBE), the Eastern provide evidence that they have whom stayed in safe houses, were Eastern Cape and the superinten- ted just because they do not have an Cape education department and the applied to legalise their stay in the expelled from schools because they dent general of the Eastern Cape ID number, permit or passport, or department of home affairs. country. did not have birth certificates. department of education to admit have not produced any identification The application comes after a 2016 He ruled that the clauses were In the opposing affidavit, the all children not in possession of an documents. circular issued by the Eastern Cape unconstitutional and invalid. deputy director general of plan- official birth certificate into public In a statement, the department of department of education to schools ning, information and assessment schools in the province. basic education said the judgment that said that funding for the pur- in the department of basic educa- Where children are unable to pro- came at a time when it was in the chases of learner support materi- tion, Shunmugam Govindasamy vide a birth certificate, he ordered process of reviewing the admission als — such as textbooks and desks Judgment says Padayachee, said if an order was that schools must accept alternative policy including the clauses that — and the allocation of teachers schools may granted to the application it would proof of identity, such as an affidavit have been found to be unconstitu- and funding for the school nutrition render the DBE ineffective in terms or sworn statement by the parent, tional and invalid. The department programme, would be based on the not turn away of control, funding, administration caregiver or guardian of the learner. said it was also working with the number of learners who have either admitted learners and discharging its constitutional It further said that the respondents department of home affairs, Centre a valid identity document, passport obligation to render basic education. were interdicted and restrained from for Child Law and the South African number or asylum permit number. who don’t have the In the judgment, Mbenenge removing or excluding any child, Human Rights Commission in This led to some schools expel- correct documents ordered the minister of basic educa- even illegal foreign children, from addressing the issue. 14 Mail & Guardian December 13 to 19 2019 News Why Proteas bombed out of the World Cup

The CSA board buckled to BCCI and IPL pressure Poor treatment: Captain Faf instead of backing its players and management du Plessis and wicketkeeper Niren Tolsi match against Bangladesh, initially Quinton de scheduled for June 22, brought for- Kock (above) n preparing for this year’s ward to June 2. The Proteas played both returned Cricket World Cup (CWC), the five matches in the first 12 days of from playing in Proteas visualised winning the the tournament, the most of any par- the IPL final and Itrophy on top of Table Moun- ticipating team. went straight tain. Instead, their dream According to the report, “the deci- to a Proteas crashed and foundered on the rocks sion to allow/force key players” training camp, of ineptitude, self-interest and ego- including Du Plessis, fast-bowler while head tism, which appears to have plunged Kagiso Rabada and wicketkeeper coach Ottis Cricket South Africa (CSA) into its Quinton de Kock to remain at the Gibson (left) current crisis. IPL went against the recommenda- found out that A report compiled by the Proteas tion of the team management, CSA’s his contract team management after their calam- medical committee and coach. This would not be itous exit from the World Cup in the resulted in “inadequate player recov- renewed on the group stage, having won just three ery time”, which led to “insufficient day the team of nine matches, suggests much of rest time with families”, “mental flew out to the the blame for the poor results can fatigue”, “less practice time”, “an World Cup in be attributed to CSA board decisions increased risk to injuries” and a England. Photos: and (in)action, which appeared to “delayed and then truncated camp”. Saeed Khan/AFP have sabotaged months of planning In the case of Du Plessis and De and Alex Livesey/ and preparation. Kock, who played for the Chennai Getty Images The report reveals the board Super Kings and Mumbai Indians, and CSA chief executive Thabang respectively, in the IPL final on May 6 board meeting regarding its deci- Manjra cited concerns about bowl- The turmoil engulfing CSA Moroe’s kow-towing to the Indian 12, their return, together with three sion to “rather adopt an approach ers’ “high workloads” and the man- also destabilised the team. The Premier League (IPL) and the Board other players, meant a camp sched- of wait and see how the competition agement of injuries following an report states that the legal dis- of Control for Cricket in India (BCCI) uled for 11 to 19 May started two progresses as there is a possibility of “incredibly busy season”. His request pute between CSA and the South in not backing up management to days later than planned. Sources not needing to recall any player”. was in vain. African Cricketers Association obtain the early release of players said both players were “exhausted” These “pointers” include Moroe (Saca) about the expansion of the from the IPL — so they could pre- when they landed in Cape Town, claiming that the “CEO of the IPL source familiar with domestic leagues “shortly before the pare for the World Cup. reporting immediately for the camp advised us that the players were the team’s preparations tournament commenced was both The report, submitted to the with no time to rest. okay with staying for the duration of said the late arrivals pre- untimely and unfortunate. As much board by team manager and doctor the tournament and he didn’t under- A Rabada, who played for the Delhi vented mooted warm- as we tried to downplay the dispute, Mohammed Moosajee, Proteas cap- Capitals, returned on April 28, after stand where we were coming from up games against Ireland or the it affected the team space.” tain Faf du Plessis, and head coach an “injury scare” that exacerbated and I was not in a position to argue Netherlands. CSA’s withdrawal of an agreement Ottis Gibson, also exposes Moroe an existing back problem. The differently”. Injuries affected the team’s World to extend Gibson’s tenure as coach and the CSA board’s inability to Delhi Capitals seemed reluctant to A former CSA employee said the Cup performance. A source said until April 2021 was, according to recognise the importance of manag- allow Rabada’s return, an impasse decision not to recall players was seven players carried injuries into a source intimate with the process, ing players’ injuries and workloads. resolved only when the Proteas’ made because the BCCI and IPL the tournament, during which “an considered by those involved in the And it suggests the chief executive’s physiotherapist, Craig Govender, pressured CSA with threats regard- unprecedented number of injuries team as a punitive measure against reneging on an agreement to extend assessed him in India. ing fixture scheduling. were encountered”. the coach, allegedly instigated by former coach Ottis Gibson’s contract Govender’s examination “estab- Moroe said the board would not According to the report, 12 of the Moroe. until 2021 — of which the Barbadian lished that his injury was more approve compensating players for 15-member squad “struggled with This followed Gibson’s objection to was notified on the day the team flew serious than his franchise was mak- the remainder of their IPL contracts injuries and/or illness at various CSA president Chris Nenzani about out to the World Cup in England — ing out to be and it was only at that and that “after considering what is stages of the tournament”. This a February 1 board decision giving destabilised the Proteas. stage, that his release from the IPL at stake” for the players and CSA, “severely hampered” the “first-choice Moroe final say on team selection. These acts, described as “sabotage” had been secured”, the report stated. it “felt there is no need to make a bowling attack” which was not the The board had apparently expressed by one insider close to the team, premature request to recall our unit the selectors and head coach unhappiness about the Proteas undermined the expectations that ccording to internal players”. “put together, and that had won us transformation targets. had built as the Proteas secured a CSA emails the players Moroe chastised the Proteas man- five of our last six ODI series played. “Ottis phoned Chris to express 72% win ratio across all formats supported an early IPL agement team for not having “com- Injuries to key players like Rabada, his concerns and the decision was before the World Cup. A release “for a period of municated its decision to the BCCI [Dale] Steyn, Ngidi and [Anrich] overturned, but this led to the rela- They helped scupper the hopes rest and rejuvenation before the prior to the IPL draft in 2018”. A Nortje meant that the strength of the tionship between Thabang and Ottis of a squad that had climbed Table CWC, similar to what CA [Cricket source intimate with team affairs team was significantly reduced.” breaking down completely and the Mountain during a team-building Australia] and ECB [England Cricket described this as a “lie” as Gibson The M&G understands that players contract offer being withdrawn,” exercise, stopping nine times along Board] did. This request was turned had “personally” made a request to like Rabada and Ngidi would have said a source. the way to the summit to visualise down by the IPL/BCCI and was not Moroe “way before the IPL draft” in been rested more often in pre-World “The board sabotaged us with their group stage opponents and supported by CSA”, the report stated. January. Cup matches, but for board pressure their decisions,” said a source close rehearse “adversity” drills. In an email sent on April 10, The email thread is contrary to on the team to reach its transforma- to the World Cup team, “You can’t A major sticking point was the Gibson asks Moroe for clarity on the the CSA’s public stance. In May, tion figures. Despite Rabada’s “high” guarantee success in a tournament early return of key players from early return because “the captain TimesLive reported a CSA spokes- workload being “red-flagged on a but we would have been better pre- the IPL to prepare the squad for and other IPL players are asking me person saying: “We are not aware of number of occasions”, he continued pared and given a better account the World Cup, which other coun- what’s happening about them com- such a request [for players’ early IPL to play, leading to mental and physi- of ourselves had we been given the tries, like Australia and England, ing home early … as we discussed”. recall being] made to the executive.” cal jadedness at the tournament. support that we asked for from the had ensured. India were allowed a Gibson implores Moroe for “an An effective lie to the SA public. The report recommends that set- board.” delayed start to the tournament by update or anything at all to tell them On March 16, chairperson of the ting and managing compliance with Responding to detailed emailed the International Cricket Council, as I haven’t heard anything about CSA medical committee, Dr Shuaib transformation targets “needs to questions regarding the actions giving players a three-week period this matter since your trip to India Manjra, wrote to the IPL requesting be revisited by CSA so that our star of both Moroe and the board, CSA after the IPL to rest and train. and time is running out?” the early release of Rabada, De Kock, players like KG [Rabada] and Lungi head of media and communications The rescheduling had repercus- Responding on the same day, Du Plessis and fast-bowler Lungi Ngidi can be given sufficient rest and Thamsanqa Mthembu requested sions for South Africa, with their Moroe cited “pointers” from an April Ngidi on April 28. conditioning”. more time to respond. Mail & Guardian December 13 to 19 2019 15 News UniZulu again has no elected SRC

“Council decided that it was in the Student leaders say the best interest of the university to post- new SRC administrator pone the process until further notice. Council received reports that there is unknown to students were flaws in the election process and may not represent that would jeopardise the validity of the elections,” said Nhleko. their needs She added that because the uni- versity was also closed as a result of Bongekile Macupe the protests, council had “resolved that the SRC election had become tudent governance at the inoperative”. University of Zululand Nhleko said the matter of SRC (UniZulu) continues to be elections was in the hands of coun- in tatters, with no func- cil and nothing could be communi- Stional student representa- cated to students about the elections tive council (SRC) in place. before council met, which it did last For a third successive year, the uni- Monday. She also said that students versity has appointed an SRC admin- were busy with exams when the uni- istrator in the place of an elected versity reopened after the protest SRC body. This is despite a budget of and that “reviving the SRC process” R5-million between 2009 and 2018 would not have been possible. for SRC elections, a figure revealed by Student leaders who spoke to the the department of higher education, M&G said many students were dis- science and technology in a parlia- gruntled that they did not get to elect mentary question last year. an SRC that would represent their This means that no elected students interests and felt that Makhoba was have been running the body, meant being imposed on them. to deal with the issues of its students, A student leader said: “This per- since 2016, despite the money being son just came from nowhere … spent to have elections. However, in Find the leader: The University This led to the university suspend- Another student leader told the he has just been thrown in there. 2017 and 2018 there was an elected of Zululand (above) still has no ing classes. Students only returned in M&G that there were already a num- Literally nobody knew him up until SRC body, but administrators had to Student Representative Council October. ber of grievances that students had that day the university released the be appointed because of irregularities despite millions having been Student leaders who spoke to the raised about the process of nominat- statement.” that had arisen. spent to hold elections. Mail & Guardian this week — on con- ing candidates who were going to Part of the function of SRCs is to The university released a statement Photo: University of Zululand dition of anonymity for fear of being stand for the elections. take up issues affecting students with last week announcing that council, victimised — said that when they got The student leaders said when university structures, such as council, its highest decision-making body, back on campus it was time to pre- it became clear that SRC elections Senate and the executive. SRC offi- had decided to appoint Bongumusa pare for exams, and no other activi- were not going to take place, student cials sit in on important meetings of Prince Makhoba as the new SRC ties were allowed to take place. But formations approached the dean of council —as members of council — administrator in the best interests the student leaders questioned the students to suggest to council that where important decisions are taken of the university, after matters of the appointment of Makhoba and how an interim SRC be established. The such as the building of residences SRC election remained “unresolved”. the university had settled on him. student leader said the idea did not and other pertinent issues. The university thanked Nontobeko One said: “There were no SRC elec- materialise, and they were stunned Nhleko said the appointment of Zulu, who was appointed SRC admin- tions, so automatically the person when they got the statement that an the administrator, by its nature, is istrator last year after the body was who was serving as an administrator SRC administrator was appointed. not broadly consultative. She said dissolved, following allegations of before should have gone back to that “It does not look right for the uni- Makhoba was an alumnus of the uni- serious misconduct against 12 of its position. Her [Zulu’s] role was sup- versity not to have a student rep- versity who has in the past provided members. UniZulu’s SRC is made up posed to have ceased to exist after a resentative that is elected directly support to students as a mentor and of 15 members. new SRC had been elected.” by students for a second year in a a tutor. The university’s spokesperson, According to UniZulu’s SRC con- row [this is now the third year]. The Student governance at the univer- Gcina Nhleko, said the 12 were stitution, the council has powers to appointment of an SRC administra- sity has long been in shambles. In expelled after being found guilty of appoint an SRC administrator if it tor disregards student representa- 2017, it also appointed an SRC admin- looting and attempted theft at a spa is of the opinion that a sitting SRC tion. It also disregards the democracy istrator after a group of students took resort during a strategic planning is inoperative or unable to func- in the institution. It is not ideal for the university to court to interdict workshop. tion properly. But the constitution is one person to carry the mandate of that SRC from assuming office, citing Zulu, an EFF Student Command silent on council’s powers to appoint thousands of students,” said the stu- irregularities in the elections. leader, was elected as the SRC presi- Student governance another administrator if a new SRC dent leader. A 2011 report by independent asses- dent before that SRC was dissolved. at the university has has not been elected. But Nhleko said the SRC elections sors, looking into the state of the Elections at the institution were Nhleko told the M&G that the were aborted after the integrity of the university, said that the university supposed to have taken place long been in shambles appointment of an administrator was process was questioned by students. operated without a SRC from 2009 on September 26. But students with accusations of the function of the council and that She said the university appointed to 2010, after the aborted elections embarked on a protest days before the position was not a “right” but said an independent consultant who was in 2009. At the time, the report cited over safety issues relating in particu- looting and election Zulu had been notified that her con- tasked with auditing and reviewing political intolerance between student lar to students staying off campus. irregularities tract was over. the process following the allegations. formations. 16 Mail & Guardian December 13 to 19 2019 News More Sisulu appointments queried

try to resolve the “regrettable” chal- The minister’s selection lenges faced by the entity. He said of an interim estate the interim board’s appointment was procedurally correct and that the pro- agency board was cess of appointing a permanent board allegedly unlawful would begin early next year. Mgitywa said Sisulu had written to the board regarding the allegations Paddy Harper against Mohlala-Mulaudzi and would discuss their response with them next he appointment of an week. interim leadership to The minister is yet to respond to head the embattled Estate written parliamentary questions sub- Agency Affairs Board by the mitted last month by Powell about T the appointment of ANC Women’s human settlements, water and sanitation minister, Lindiwe League president Bathabile Dlamini Sisulu, has come under fire. as chairperson of the Social Housing Democratic Alliance MP Emma Regulatory Agency, and about the Powell has challenged the legality of department’s national rapid response the appointment of the interim board, task team. made in July, on the grounds that it Whistle-blowers in the department was carried out without any legisla- claimed the team, most of whose tive basis. members were part of Sisulu’s cam- Powell said Sisulu made the paign for the ANC presidency in 2017, appointment while waiting for had been appointed by her to further the gazetting of new regulations, Troubles: Mamodupi Mohlala-Mulaudzi, the chief executive of the Estate Agency Affairs Board faced her bid for the post in 2022. contained in the new Property allegations of corruption and nepotism. Photo: Bongiwe Gumede/Foto24/Gallo Images At the time, Sisulu denied the claim Practitioners Act. She said Sisulu that the appointment of the task team appeared to have made the appoint- in controversy in both posts. although legislation made no explicit fidelity fund certificate issued to — at an annual cost of R13.9-million ment “without an explicit legislative At the SABC, she has allegedly been allowance for the appointment of an agents is completely invalid in law, — was a move to bankroll her cam- prescription allowing for this to be receiving board fees, despite regula- interim board, the minister had relied with far reaching consequences,” she paign, saying its members were all done”. tions stating that employees of public on the principles of “good govern- added. experts who would act as an interface The estate agency board made entities who sit on the board should ance” to do so. Last month, Sisulu wrote to Biko, between the ministry and the public. headlines recently with claims that its not be paid. “Either this board has been validly giving him seven days to provide her Powell will ask the public protector chairperson, Nkosinathi Biko, had sat In September, staff on the estate appointed in terms of an Act of law or with an action plan of how the cri- and the Public Service Commission on a dossier of damning corruption agency board submitted the dos- it has not,” Powell said. “If the EAAB sis facing the entity, which has gone to investigate the appointments once and nepotism allegations against its sier to Biko and the director gen- [Estate Agency Affairs Board] has not through three chief executives and she has received the responses to her chief executive, Mamodupi Mohlala- eral of human settlements, Mbulelo been validly appointed, it may mean five chief financial officers in the past written parliamentary questions, Mulaudzi in January. Then, in April, Tshangana. that everything done by the board is five years, would be resolved. which Sisulu was meant to have sub- she was appointed the deputy chair- Powell said the board’s leaders had illegal; this includes things such as Sisulu’s spokesperson, Makhosini mitted within 10 days. Powell said person of the SABC board. informed the portfolio committee on the issue of fidelity fund certificates. Mgitywa, said the minister would be this week that she had received “no Mohlala-Mulaudzi has been mired human settlements last month that, “It could mean that every single meeting with the board this week to responses”. Serjeant-at-arms takes her leave

Lester Kiewit The MPs stalled a question and answer session with then-president Regina Mohlomi is unassuming Jacob Zuma when they chanted “pay when she’s not wearing her official back the money”. black robe or carrying a gigantic During her testimony she told the gold-plated mace. committee how she personally asked If you saw the former teacher out the MPs, including EFF leader Julius of her parliamentary role, you’d be Malema, to vacate the house or else forgiven for thinking she was a head- she’d be forced to call in security. mistress, or an accountant, or the They ignored her. manager of a white-collar office. Mohlomi says she never saw her- But, for almost a decade, she’s had self as a parliamentary bouncer. a front-row seat to the turbulences Her job was to convey the message and successes of parliamentary of the speaker of the House to the politics. offending MP and then follow the Mohlomi retires this year procedure. as South Africa’s first woman “The serjeant-at-arms is just an serjeant-at-arms. extension of the speaker. So the job Leader of the pack: Parliament’s retiring Serjeant-at-arms Regina Mohlomi says she never saw herself as a In modern parliamentary democ- is to repeat what the presiding officer parliamentary bouncer, but she had to deal firmly with disruptions caused by EFF MPs. Photo: David Harrison racies, it is a ceremonial role, meant has said. I would say: ‘The presid- to hold up the traditions and proce- ing officer has asked you to leave out in the National Assembly. ciates the symbols of our statehood. It Nazier Paulsen in a special farewell dures of the legislative body. the House, and if you don’t leave, it “For the past eight years, Ms requires someone who will carry her sitting. “I always prefer the softer side of means we have to call parliamentary Mohlomi has carried the mace, the responsibility with dignity and with Mohlomi has shared the red carpet the job. The protocol, the decorum,” security.’ And usually, they would symbol of the authority of Parliament the utmost regard for the procedures with presidents and senior figures Mohlomi says. just leave. With the EFF we’ve had a ... enforcing peace and order in the of the House,” the declaration read. in South Africa’s democracy, but she There have been times, however, lot of problems getting them out of House upon the Speaker’s instruc- Even the EFF, whom Mohlomi recalls very few of these moments. when she has had to be stern to the chamber,” Mohlomi says. tion. The responsibility to carry has probably had the most con- Her personal mission over nearly maintain order in Parliament which, But grudges are quickly buried and the mace requires a person of Ms flict with since their arrival in 10 years or so was not to embarrass in recent years, has been the site of politicians move on to the next politi- Mohlomi’s stature. It requires a South Parliament in 2014, delivered an herself in front of 400 MPs and mil- physical confrontation and forced cal moment. African who understands and appre- endearing tribute: “Our first con- lions of South Africans watching pro- removals of certain members, most Even if MPs do get disgruntled, tact with Mam Regina was when ceedings on television. notably of the Economic Freedom Mohlomi said this would be over a we were evicted from this House. “I don’t have memories, all I have is Fighters (EFF) political argument that they lost and [Laughter.] She came to us. She relief. Because since I started in this Mohlomi down plays the chaotic not because they were asked to leave. Mohlomi prefers the approached us in a gentle and kind job I’ve had butterflies about falling. moments, however, saying that that Tomorrow all is forgotten. Bruised softer side of the manner and tried to avoid the inev- I’ve had nightmares about it, about was only a small part of her job. political egos heal quickly. itable. But, of course, history would falling on SONA [State of the Nation] But, in 2014, she was called to give In saying farewell to Mohlomi, job – the protocol have it that whatever ensued after day. I’ve always taken precautions to evidence before a parliamentary dis- MPs honoured her. and decorum – as that, had to ensue. Because there wear the proper shoes, with rubber ciplinary committee after 22 of the 25 In recognition of her duties, an was no other way for the EFF to soles, and I would rub them on the EFF MPs in the house had to be forci- official declaration by the House opposed to removing announce its arrival on the parlia- carpet a few times. It’s such a relief I bly removed by security. commending her service was read unruly MPs mentary political scene,” recalled did not fall,” she says. Mail & Guardian December 13 to 19 2019 17 News NHI: How you can take back your power

Public comment on the NHI has closed, but there are other ways you can add your voice

Joan van Dyk In countries such as Guatemala, India and Uganda, people were ow could everyday South given paralegal training to give them Africans hold as big a the tools to hold clinicians and the scheme as the National health system accountable. A 2017 Mother’s love: In India, legal training helped people hold their health system to account and slash child Health Insurance (NHI) study published in the journal World deaths. Some experts in South Africa say revitalising the country’s largely defunct clinic committees may be H Development found that this kind accountable for the qual- one ways to hold the NHI to account. Photo: Money Sharma/AFP ity of its care? of intervention could help to slash The scheme, for which membership bottlenecks in service delivery and ical parties and that ordinary people stop at the cost of getting the care and even had suggestions for how will be compulsory, is a state financ- improve trust between communities testifying in the two KwaZulu-Natal they need. It also costs money to get the committees could be improved ing system that will buy healthcare and clinics. hearings he attended did not have to the clinic in the first place.” by, for instance, liaising with social services from public and private pro- In India, for instance, community the detailed knowledge “they needed According to London (the head of workers, security guards and schools viders for the entire nation, regard- paralegals helped to tackle high rates to make contributions that will lead UCT’s Public Health Medicine divi- to help health workers stay informed. less of their income. According to of child mortality in the country’s to policy change”. sion), refreshing the country’s health The training also helped to build the current version of the NHI Bill, north-eastern state of Assam. They But Stevenson told Bhekisisa in committees could be one way to get trust between committee members for which public submissions closed tracked failures of maternal health- September that even written pub- communities to participate in their and other health workers where last week, the NHI will be fully opera- care services in the area by using a lic submissions from activists and health system in a meaningful, struc- there had been discord about who tional by 2026. text-based reporting system that led academics on the previous itera- tured and ongoing way. was responsible for what. The Bill was published in August. to a court case against the state. tion of the Bill have not had much These committees are statu- Participants also revealed that a Once it’s active, the NHI will impact. Section27 sent detailed con- tory bodies that, according to the functional health committee cannot have to account for the quality and ven technical decisions about cerns to the department on both National Health Act, should include operate without money. A lack of compassion of its care, explains Leslie details such as which benefits the green and white papers to no local government councillors, mem- money for petrol and airtime were London, the head of the University of Ethe scheme will cover are avail — the issues raised remained bers of the community and the heads among the reasons some commit- Cape Town’s Public Health Medicine not neutral, Sasha Stevenson unchanged. of clinics or health centres. tees could not fulfill their role well, division at its School of Public Health from the public interest law organi- As it stands, Stevenson says, there But the Act leaves the work of the study found. The research was and Family Medicine. sation Section27 says. These choices is only one proposed NHI body in the deciding what exactly health com- published in the journal Frontiers in But public health experts warn that should be made in consultation with Bill that involves health workers and mittees can do, and how much power Sociology in April. health workers and patients, the two the people who will be using the civil society: the stakeholder advisory they have, up to provincial health “The government has been spoon groups that could play a crucial role scheme — the people queuing at clin- committee. departments — and those rules have -feeding the community for a very in holding the scheme answerable for ics for care. She warns: “It’s the only committee remained largely unwritten. The long time,” one participant wrote. “It its standard of services, are being left South Africa’s Constitution pro- that doesn’t have any real power to Eastern Cape, according to London, is now time that the society takes the behind. tects citizens’ right to government make recommendations.” is the only province that specifies responsibility or ownership of their For a start, researchers argue, policies that are rolled out in a Russell Rensburg of the Rural how health committees should be health. Health committees would patients could be given more influen- way that reflects their needs. But Health Advocacy Project says people elected. bring a tremendous improvement in tial roles in technical meetings where civil society has long complained in policy meetings often make the And in practice, the committees our society because they do not feel the big decisions are made about, for that consultations on the NHI are wrong assumptions about what peo- often have no place to work from or left out.” example, which benefits the scheme insufficient. ple on the ground need. face disrespect from the communi- covers. Although Parliament’s portfolio For example, he argues, universal ties they serve, London says. This story was produced by the Bhek- The health officials were speak- committee on health has run public health coverage as defined by the But there is evidence that health isisa Centre for Health Journalism, ing at the South African Medical hearings on the NHI Bill over the World Health Organisation aims to committees can shape the way in http://bhekisisa.org. Subscribe to Research Council (SAMRC) and the past few weeks, a Section 27 com- provide healthcare — that doesn’t which health services are provided, if the newsletter http://bit.ly/Bhekisi- health department’s November uni- munity mobiliser, Sfiso Nkala, argues cause financial hardship — to all they have the right support. saSubscribe versal health coverage dialogue in the meetings are “no more than lip people. In 2018, London and his colleagues See “South Africa can easily afford Kempton Park. service” and that people’s testimo- But without citizens in the room, trained 24 health workers and clinic the NHI”, Page 27 Some role players say patients will nies are unlikely to translate into any important details of people’s every- managers in Cape Town on the roles have more influence if life is blown real changes in the way the scheme day experience of the health system of health committees. In surveys This story was produced by the back into the country’s health com- is run. could be lost. completed after the training, the par- Bhekisisa Centre for Health Journalism mittees or citizens are given basic Nkala says the hearings have been Rensburg explains: “For South ticipants described the training as www.bhekisisa.org legal training to empower them. dominated by trade unions and polit- Africans, financial hardship does not “empowering” and “an eye-opener”, 18 Mail & Guardian December 13 to 19 2019 Africa Nigerian peacekeepers haunted by

Nigerian peacekeepers changed the course of committed atrocities of their own. Two decades Sierra Leone’s civil war, helping to defeat the on, they are still grappling with what happened rebels. But in keeping the peace, these soldiers on their watch — and their victims want justice

Shola Lawal in Freetown gave us morale. We would see our rounding up boys in the area after soldiers dying but because of them January 6 for burial duty. He’d been vil Spirit? I know him we were able to advance.” one of them, he says, as he motions well,” says Sergeant Gyang also saw things that made to the cleared patch of land. Some of Solomon Gyang*. him uncomfortable. There are good the bodies were still moving when ‘E“He tried to kill me people and there are bad people they threw dirt over them, he tells once.” Today, Gyang in war, he says. Like Captain Evil Sesay in Krio. Some had been killed is a regimental sergeant major in Spirit — real name Okou Lajah — by the rebels and some, like Sesay’s the Nigerian Armed Forces. In 1997, who was feared not just by the Sierra family, had died at the hands of the he was still a fresh-faced recruit, Leoneans he was supposed to be pro- soldiers. They were buried on this just three years into his army career, tecting, but by his own men. very spot, he says. Sesay shudders when the order came to pack up and and bows his head. head out to war. ‘Who that boy whey they It was good luck for Gyang. Not cry so?’ Every Car or Movable many soldiers got to go to war so It has taken Karim Sesay 20 years Object Gone green, but Liberia was burning and five months to muster enough The relationship between the and its West African neighbours strength to find the spot where his Nigerian-led Ecomog troops and had responded to its call for help. family was buried. In the heat of the the locals in Freetown was strained. Spearheaded by Nigeria, the 12 000 blazing Freetown sun that sends There were many innocent people soldier-strong regional peacekeeping invisible daggers of fire down the who were wronged, Gyang admits force, known by its acronym Ecomog back of his neck, the 45-year-old now. But it was inevitable. “In fact,” (the Economic Community of West saunters determinedly past the sta- he tells me, reflectively, “I know that African States Monitoring Group), dium and towards the graveyard, most of the people captured were was dispatched to intervene and limping slightly, arms swaying by his The cost of war: Refugees arriving in Freetown (above) during the innocent, but that is war for you.” keep Charles Taylor’s bloodthirsty side, eyes watery and oval face set. Sierra Leone civil war. A boy mutilated by partisans of the military junta The Ecomog troops were undoubt- forces from plunging Liberia further He hates to remember but the (below). Photos: Issouf Sanogo/AFP and Jean-Philippe Ksiazek/AFP edly faced with a terrifying enemy, into chaos. day comes to him clear as crys- but there are clear cases of the sol- The conflicts soon spread west to tal whether he likes it or not. The diers turning against the very people Sierra Leone, fuelled by the rebel- day his life changed and when he they swore to protect in Sierra Leone lion of Foday Sankoh, leader of the started to float, as if in a constant and in Liberia. Revolutionary United Front (RUF). dream state. The day he “went off”, Extrajudicial killings and tor- The rebels had sought to overthrow is how Sesay describes it to me. It ture was rife in Ecomog operations, the Sierra Leonean government was January 6 1999, the day the according to reports by Human after 20 years of state corruption in rebels invaded Freetown, taking on Rights Watch. The organisation the diamond-rich country. Sankoh’s the Ecomog forces — Gyang among documented executions of rebel sus- forces mirrored Taylor’s: young men, them — defending the capital. pects and sympathisers, including women and children abducted from Sesay was 25, living with his part- the killing of women and children. their parents and given no choice but ner and their baby daughter. Word Ecomog troops were often manipu- to become killing machines. had reached him at his workplace in lated by the local population to settle The fighting in Sierra Leone had Congo Cross, where he was a driver’s personal vendettas. Some people lied been raging for about six years when apprentice, that Ecomog troops had to get their neighbours in jail. Gyang, then about 26 years old, was detained his mother and stepfather. A foreign face was automatically a pulled from Monrovia and rede- They’d taken them to the waterside rebel or a collaborator. Some soldiers ployed to Freetown. It was 1998. in King Tom, a suburb in Freetown were exceptionally brutal and the Together with about 700 Nigerian where his family lived. local population took note of them. soldiers, Gyang’s mandate was to It took a while for his mother to The most notorious of these was restore to power the civilian govern- die — that’s what upsets him the Captain Evil Spirit. After the January ment of Tejan Kabbah, and unseat most. By the time he reached her at 6 invasion, tempers flared on the the rebels who had taken charge. the waterside, she’d been beaten so side of Ecomog troops and that anger By the time his battalion dropped severely that a huge bump was vis- may have amplified already terrible from military choppers into the ible on her forehead. His brothers, human rights violations. dense green of a remote coastal set- Khalia, Mark and Bobo Sesay, had The resource curse in Sierra Leone tlement, there was an acute sense of already been shot. His stepfather eyes that say he yearns to go back slim junkie, says. “Na, there they did not help. Many people accused aloneness. “We dropped in Kossoh was dead too. Mark was 10 years and change the horror that unfolded. put them,” he points, motioning men from the Sierra Leonean army Town, [which] we didn’t know old. One of his brothers had stolen “Those words that she said? ‘Na me for Sesay to follow him. The group of parlaying with rebels to loot — where there had not been any some money belonging to an Indian pikin.’ That’s how Major T asked jumps over scores of disintegrating diamond mines and the homes of Ecomog soldiers — and from there man. According to bystanders, this them to arrest me.” tombstones to get to the far eastern local townspeople and there were we made our defence and started fac- man had then recruited the Ecomog The soldiers asked them both to corner of the graveyard, and Sesay documented reports of Nigerian-led ing fights,” Gyang remembers. troops to implement “bush justice”. give back the money his brother had and I follow suit. Some of the tomb- Ecomog troops doing the same. Liberia had been a blur: Gyang had He stood with the crowd that had taken from the Indian man. “I didn’t stones have caved in and we can Gyang saw that himself, he tells been with many soldiers there and gathered — helpless, trembling. know,’ his mother had said. She was make out termite-ridden coffins. The me. “I remember, we would free had felt sheltered from the front- He watched one of the soldiers hit just a housewife. She knew nothing, boys clear a patch of land covered some places and soldiers would carry lines of the conflict. But in Sierra his mother repeatedly. His nametag her son knew nothing, she had cried with shrubs with their hands. everything they see. They’d take dia- Leone, things were different, more read Lieutenant Alusayn, or that’s over and over, begging for mercy. monds and money.” The same was dangerous; there were far fewer men how he remembered it. He doesn’t She did not receive any. esay is alive only because true in neighbouring Liberia, where against the experienced rebels. remember much about the men. He That was the last time he saw his boss had intervened and Ecomog was renamed “Every Car or certainly doesn’t remember seeing a her. Now, Sesay and I turn a cor- begged for his release. The Movable Object Gone”. S When eyewitnesses spoke about yang’s group of peace- cameraman in the crowd: the same ner and come upon the gates of the Ecomog troops had listened keepers were tasked with cameraman who would later pro- Ascension Town Cemetery. Red-eyed to his boss because they knew him. human rights violations by Ecomog securing State House in duce Cry Freetown, a film about the boys, in their twenties or younger, In a cruel twist of fate, the boss and troops to Human Rights Watch, the G dreaded Captain Evil Spirit almost Freetown. But there were war that features his suffering prom- lie on graves getting high. It could Sesay had driven Major T and some no templates, no history to go on. inently. He remembers one man be a national park if one ignores the of his men around when they first always came up. The captain had Ecomog troops had to fight their clearly though: Major T*, the battal- rather conspicuous tombstones lined arrived in Freetown. Sesay remem- paraded on the Aberdeen Bridge way into the capital and take con- ion commander who shot his mother in rows. “Friends of the Dead”, these bers pushing a stalled motorboat where he would summarily execute trol of State House. “We did that in in the waist with a pistol. boys are called here in Sierra Leone. that carried Major T over from Lungi scores of people, many reports say. six hours,” Gyang smiles boastfully. Sesay’s effort to disguise himself Many of them were orphaned in the to Freetown when the troops began The Aberdeen Bridge was under It remains one of his most poign- in the crowd failed. Major T noticed war. Four of them look up and make their offensive against the rebels. In his command during the January 6 ant memories. A young private, him crying harder than anyone else. their way towards us. Up close, the a way, he says, he’d pushed his fam- incursion, so many suspected rebels advancing under the lead of assured “Who that boy whey they cry so?” smell of weed is strong. Sesay tells ily’s killers closer to them. would end up in the waters below. Nigerian captains — the bravest Major T asked his mother. That’s the them what he’s looking for. His mother had not been so lucky. Human Rights Watch research- men he’d ever seen. He was in awe. one mistake his mother made, Sesay “January 6? We remember well- The leader of the gang of Friends of ers interviewed witnesses and “I worked with gallant soldiers. They tells me now, with sad wistful eyes, well,” the group leader, a dark, the Dead remembers Ecomog troops counted up to 98 executions on the Mail & Guardian December 13 to 19 2019 19 the ghosts of executions past

Aberdeen Bridge between January and to put some soldiers on trial. 7 and January 29 alone. Those exe- Alagendra cannot present the case cuted — overwhelmingly young men directly to the Nigerian Supreme — were often captured at Ecomog Court because of arguments about checkpoints or in mop-up exercises. which nation’s jurisdiction Ecomog Captain Evil Spirit conducted most troops fell under. Gyang is strongly of the executions; about 10 other opposed to this action. “There’s no offi cers under his command assisted need for that,” he tells me angrily. to a lesser extent. The Kamajors, a “If you see the way they slaughtered local militia working with Ecomog, us there, you will cry for Nigeria.” In executed people too, although less fact, Gyang says, the Ecomog troops frequently. who fought and died bravely should Tracing what happened to Captain be memorialised. Evil Spirit after his time in Sierra Leone is difficult. The captain had No healing without been recalled some time during justice the war. He’d been court martialed It is unclear just how many Nigerian and possibly demoted, all in a very soldiers were deployed to the region hush-hush manner, typical of the or how many died. But by 1999, Nigerian military, says Gyang. There Nigerian troops made up 80% of were rumours in the military that the Ecomog force, with about 10 000 he’d died mysteriously after hitting deployed in Liberia and 11 000 in an older, retired soldier. Gyang isn’t Sierra Leone, and the country suf- sure exactly why or how this hap- fered the heaviest troop casualties. pened, but it may be related to the Corinne Dufka, from Human allegations of crimes against human- Rights Watch, says the organisation ity levelled against Captain Evil welcomes eff orts to pursue justice. Spirit and included in the Human No accountability: An Ecomog patrol in Freetown (above) and an Ecomog soldier (below) inspects weapons But Dufka also acknowledges the Rights Watch documents. (He’d seized from the Sierra Leone Armed Forces Revolutionary Council in 1998. Although Ecomog ousted the junta, conditions Nigerian troops were been demoted to the post of pension its own troops also committed atrocities. Photos: Patrick Robert/Sygma/Getty Images and Issouf Sanogo/AFP forced to survive in during the war. offi cer and had hit one of the men he “I met Nigerian soldiers who’d been was attending to, Gyang says.) affected by Ecomog brutality. wounded and a few who’d been There are other plausible accounts Indeed, thousands of soldiers gave tortured by the RUF or seen fellow that say Captain Evil Spirit died after their lives to fi ght for Sierra Leone’s soldiers executed, but after hospi- falling mentally ill. The soldiers had peace. They provided emergency talisation in Nigeria, they were re- not received any special trauma care to wounded civilians on many deployed to Sierra Leone, and to the counselling or psychological treat- occasions. When I told locals that I fi eld of operations.” That, of course, ment before or after the war and was from Nigeria, they often smiled is not an excuse for indiscipline, many had likely been aff ected. and said, “Our big brothers”. Dufka says, but rather a pointer to Sergeant Gyang is short on sym- But even though the troops helped the mental conditions of Ecomog pathy for Captain Evil Spirit. His to bring peace and deserve accolades, troops at the time. usually relaxed demeanour changes Alagendra believes there must be Alagendra hopes the two states when he hears the name, and he says accountability in some form. “There will take up the case. The Sierra coldly: “This, our uniform, doesn’t were promises of an investigation at Leonean government has been as like dirt.” None of the troops who the time, but nothing was ever done. tight-lipped as the Nigerian govern- stole Sierra Leone’s diamonds were There was no accountability or even ment. President Julius Maada Bio able to spend the money, he says. an acknowledgement or an apology. himself was involved in the confl ict. Many had those very hands cut off . Instead there were denials.” Although he has been progressive on Gyang believes he lived through the In the years since the Special Court some fronts — reforming education, war because he stayed clean. If you completed its mandate, Alagendra and condemning violence against stain the uniform, it will end you. has helped to set up a school for women — Bio has been silent on the Gyang had come close to having a authorities in Nigeria and Sierra never really spoke directly to victims children displaced in the conflict subject of Ecomog’s excesses. shootout with Captain Evil Spirit at Leone for the redress of human rights of these crimes during the time I and has come in contact with vic- Sierra Leoneans deserve better, the peak of the fi ghting. A superior violations and war crimes committed served as a prosecutor,” she tells me. tims of Ecomog abuse. Many spoke Alagendra says. “Victims of [rebel had ordered Gyang to escort some by peacekeepers during the civil war. Crimes against humanity com- about rape and torture. She was groups] had the dignity of a court locals to the ferry crossing: the group Alagendra was a junior prosecu- mitted by Ecomog troops may have particularly drawn to the phenom- hearing and a reparations pro- was fl eeing into Guinea, where they tor with the Special Court for Sierra been dismissed and swept under the enon of “Ecomog babies”, thousands gramme, but these victims were would become refugees. Leone set up jointly by the Sierra rug for a reason: together with the of children whose mothers were never part of that. They have been Captain Evil Spirit had noticed the Leonean government and the UN in United States and United Kingdom, impregnated by peacekeepers, some complete bystanders in every sense group and approached them with 2003. By the time President Tejan Nigeria was one of the major funders through rape. of the word.” a group of soldiers. Without warn- Kabbah declared the war over in of the court; and, as a key peace In present day Sierra Leone, there’s Alagendra is taking on the case ing, the officers shot in the air to January 2002, more than 50 000 negotiator, was on the court’s man- a social stigma that comes with pro bono, because she feels strongly halt Gyang. “He even asked them people had lost their lives. Ecomog agement committee. So it is no sur- being identifi ed as an Ecomog baby. for victims such as Sesay, who has to collect my rifl e,” Gyang now says troops pulled out and were replaced prise that the statute that created the The children and their mothers are become popular locally for being incredulously. But Gyang says he was by 6 000 troops from the United Special Court ruled out the prosecu- taunted and called names. featured in Cry Freetown, which is no pushover. “When they were com- Nations Mission in Sierra Leone. tion of peacekeeping troops, and by It’s not clear just how many broadcast every year on national ing close to me I fi red them one shot.” The court tried those most respon- extension, Nigerian soldiers. mothers and children are in this TV; and yet, Alagendra marvels, Captain Evil Spirit hadn’t expected sible for mass atrocities, human A general feeling of gratitude pre- situation. “Ecomog babies boku its victims are ignored, despite that and advanced himself. This time, rights violations and war crimes. vails though when I speak to Sierra for here,” says Yeno*, a 33-year-old their trauma. Sesay’s children have Gyang shot another round close to his Rebel warlords and other warring Leoneans who were not directly woman from Lungi. Yeno was pulled learned to avoid the TV every time feet. That ended the standoff : Captain factions, including the Kamajors, inside the Lungi base by a group of the documentary is played, he tells Evil Spirit retreated, and reported the were tried on counts of mass killings, GUINEA Nigerian Ecomog soldiers in 2000, me, as we walk out of the Ascension private to a general. sexual violence and the drafting of Conakry a few years before the end of the Town cemetery. Gyang believes Captain Evil Spirit’s underaged soldiers. Thirteen people SIERRA war. Lungi houses the airport, and He has struck a deal with the end was poetic justice, whatever the were indicted by the Special Court, Lungi LEONE many soldiers were camped there Friends of the Dead — they’ll make real story was. Karma had quietly including RUF rebel leader Foday Makeni for swift evacuation. Yeno became a simple, but nice cairn on the mass done its job. Sankoh, who died before he faced a Freetown pregnant from the rape. She’s one grave where his family was buried. It jail term. In 2013, Charles Taylor was Kossoh Town of nine victims Alagendra for whom will cost him some money, but Sesay We didn’t touch the jailed for 50 years for his role as the is seeking redress and reparations. believes it’s his duty to give his moth- peacekeepers RUF’s main sponsor. Kenema Her daughter is now 20 years old, er’s soul, and the souls of all those It was hard for Dato Shyamala Ecomog soldiers remain the only and she’s struggled with feeding whose lives were cut so abruptly,

Alagendra to get the boy out of her armed group that did not face pros- Graphic: JOHN McCANN and clothing her. “I join ashewo those whose spirits remain unsung, head. He was featured prominently ecution in the Special Court. It LIBERIA [sex work] because of it,” she says some peace. in Cry Freetown, the documentary: a seemed odd to a younger Alagendra dispassionately. pitiable mute in a red vest, who was at the time that the court did not Alagendra wants matters to move Nigeria Monrovia * Names changed or redacted. beaten within inches of his life by even consider putting Nigerian Sierra fast. She sued the government of This story was published by the Ecomog troops who were convinced troops on trial. “The conduct of the Leone Sierra Leone, with the support of Mail & Guardian Pre- 50km and Nigeria’s he was a rebel. It is for him that the peacekeepers or the Nigerian forces the African Bar Association, last mium Times, with support from the human rights attorney is fighting was not something we touched, so I year. She is fi ghting for reparations, Tiger Eye Foundation 20 Mail & Guardian December 13 to 19 2019 Africa CONTINENTAL DRIFT

Plagued by locusts When swarms of locusts descended on the Horn of Africa, a few men in the self-declared republic of Somaliland shot at the clouds of insects. Unsurprisingly, the bullets had little effect. The act was a des- perate attempt to ward off the threat to their crops and pastures. Locust swarms can cover up to 150km in 24 hours, consuming all vegetation in their path. The insects have already hit Ethiopia, Sudan, Somalia and Eritrea and are predicted to spread to northern Kenya and Djibouti.

Tanzania pardons inmates John Magufuli, the Tanzanian presi- dent, has pardoned 5 533 prisoners in a process that began on Tuesday. This is a move aimed at reducing congestion in prisons. Magufuli made the announcement on Monday as the country marked the 58th anni- versary of independence. This is the highest number of prisoners to be released in this way, and accounts for about 15% of all prisoners in the country. The president said the prisoners receiving pardons were jailed for minor offences, ranging from stealing chickens to insulting a friend. “But some were detained because they lacked lawyers to defend them well in their cases, Inspiring hope: No, it’s not a gathering of the Economic Freedom Fighters, it’s Uganda’s Bobi Wine (aka Robert Kagulanyi, who also wears a red while others for a failure to pay beret), the thorn in the flesh of longtime authoritarian President Yoweri Museveni, performing live in Johannesburg. Photo: Simon Allison fines,” he said.

Abiy avoids press scrutiny Abiy Ahmed, the Ethiopian prime minister, received the Nobel peace prize on Tuesday in Oslo, Norway. He was awarded the prize for his efforts Bobi Wine, live in concert to end years of conflict and hostility between Ethiopia and neighbouring Eritrea. He achieved this just three Ugandans living in South Africa. ple around,” says Fortune. “The months after taking office. He also This is the show that the Ugandan president, They have driven here from all over chances for him to be president, it’s lifted Ethiopia’s state of emergency, Yoweri Museveni, does not want you to see Gauteng and some have flown up like, 95%. Uganda is full of youth and freed dissidents and lifted a ban on from Durban and Cape Town. They we are supporters.” some political parties among other REVIEW classics, and Bobi Wine launches are overwhelmingly young, and over- The oldest man in the venue is actions, AFP reported. But he did not into song. The audience knows every whelmingly male. There is an almost probably Christopher Kibuuka, a hold the usual Nobel press confer- Simon Allison word. religious fervour in their support for 65-year-old medical doctor based in ence, which the Nobel committee said & Dhashen Moodley Bobi Wine grew up in the slums of Bobi Wine, and they keep saying the Krugerdorp. Kibuuka has seen this was “highly problematic”. (Former US obi Wine arrives at the Kampala — the “ghetto president”, same things. all before. Decades ago, he was the president Barack Obama didn’t given Johannesburg City Hall he calls himself — and made his “He’s a youth like me,” says Kelvin, Southern African representative for a news conference when he received at 10pm on a Sunday. He name by blending Afrobeat, reggae 27. “I need change. Museveni is an none other than Yoweri Museveni, the award in 2009.) The reason may Bis five hours late. No one and Jamaican dancehall into his own old man who has been there for too who was then a rebel fighting for be that Abiy is facing major problems cares. The soft drinks ran distinct sound. long.” power. “We can’t afford to make the at home, including the possibility of out long ago, but the alcohol kept It was only in 2017 that he officially “I came here to watch my new same mistake,” he said. ethnic violence disrupting Ethiopia’s flowing and the air inside the grand began his political career, winning president,” says Beker, 35. “We are Disappointed by Museveni’s first democratic elections in 15 years. but dilapidated building is thick the parliamentary by-election for the tired of being treated like animals. authoritarian bent, Kibuuka was And the border with Eritrea is again with cannabis smoke. He enters the Kyaddondo East constituency. He Bobi Wine will give us a say in our a founding member of the Forum closed. hall from the back and is mobbed ran as an independent, but one who own country.” for Democratic Change in 2001, by a tide of supporters in red berets was opposed to the decades-long Miti Jamil, the vice-chairperson of the largest opposition party in Sahel food crisis who are ululating and screaming his presidency of Yoweri Museveni. the Hammanskraal branch of Bobi Uganda, along with its leader Kizza Increased violence and insecurity name. His personal security have to Soon, other politicians endorsed Wine’s People Power movement, has Besigye. Over the past couple of has resulted in the number of people push people away with some force by Robert Kagulanyi — that is a more personal connection. He is years, Bobi Wine has overshadowed requiring urgent food aid doubling to clear a path to the stage. Bobi Wine’s real name — started 37 now, exactly the same age as Bobi Besigye, despite the latter’s long to about 9.4-million people in 16 It is not clear what this event is. winning too, and so Museveni’s Wine. track record of resistance to the countries in the Sahel region. Three It could be a campaign rally, com- administration cracked down with All the way back in 2005, when government. countries — Nigeria, Niger and plete with merchandise stalls, ban- force. Last year, Bobi Wine’s driver Jamil was trying to raise funds to But none of that matters, says Burkina Faso — are facing crisis ners (“Ugandan President 2021”) was shot dead, and Bobi Wine was travel to South Africa, Bobi Wine Kibuuka. “I am not a member of Bobi conditions. They are on phase three and seated lines of dignitaries on detained and charged with treason. played a benefit concert for him Wine’s movement. But I strongly of five on the scale used by the Food the stage. It could also be the hot- He was also beaten while in police in his home village of Mbale. The believe that all hands are needed on Crisis Prevention Network. The test hip-hop concert in town, with custody. singer had heard that Jamil was deck to bring down one of the most World Food Programme warned a 1000-strong crowd ready to sing That was not all. The government working on youth empowerment oppressive regimes Africa has ever that “violent attacks by extremists along to one of East Africa’s most has done everything in its power to projects and wanted to help. Ten seen.” ‘almost every day’ have displaced famous musicians. prevent Bobi Wine from perform- thousand people came to the con- nearly one million people and caused It is both of those things, of course; ing his music in Uganda. His con- cert, and Jamil kept all the gate p on stage, Bobi Wine is emergency levels of malnutrition.” but the cognitive dissonance is not certs have effectively been banned, receipts, which worked out to a rolling out the hits. By Far. Burkina Faso is worst hit and a third lost on Bobi Wine as he gets on stage although he keeps finding inventive profit of 2.5-million Ugandan shil- Freedom. Kyalenga. As a of the country is a conflict zone. Upolitician, he is still inex- and, briefly, takes his seat next to the ways to defy the authorities. lings (about R15 000 at the time). besuited elders. He’s wearing jeans In May, at the Kampala Sheraton, “Bobi Wine has changed my life. perienced and relatively untested. Ghanaians rap Cardi B and a beige blazer — hardly rock- he came on unannounced to play He’s my role model,” says Jamil. Critics say he’s light on policy and American rapper Cardi B was on star attire —along with his signature one song at a performance by fellow Fortune, in his mid-20s, also wonder what he’ll do if he ever actu- the receiving end of a backlash from red beret. He fidgets uncomfortably reggae artist Maddox Ssematimba. knows Bobi Wine from Uganda. ally gets power. Ghanaian celebrities after she failed in his chair and then he can’t take Rather brilliantly, Museveni was They grew up in the same slum. But as a musician, he’s at the top to pitch at a meet-and-greet event it anymore. “I just want to jump on rumoured to have been in a confer- Fortune is a sound engineer and he of his game. He works the crowd like prior to a performance at the Accra stage now and start the show,” he ence hall at the same hotel at the learnt his trade in Bobi Wine’s studio the old pro that he is, and they hang Sports stadium. She denies any guilt says quietly. And then, shouting: same time — the president would in Kampala. He is sound engineer- on to his every word. and instead blamed her agent, who “START THE SHOW!” have heard the bass line. ing tonight’s performance — Bobi He blurs the boundaries between apparently failed to inform her about And so he does. For a born entertainer, being pre- Wine did not travel with his band, his two identities. In an interlude the event. The incident has been He grabs a microphone and vented from taking the stage may be so he has put together a collection of between tracks, with the band keep- trending on Ghanian and Nigerian bounds to the centre of the stage. the biggest sacrifice of all. “Of course Ugandan musicians based in South ing up a gentle rhythm, he tells his Twitter after videos of local celebri- He raises a fist to the gilded ceil- I missed it, I missed the stage as an Africa to help him. adoring audience: “We have to work ties criticising Cardi B for disrespect- ing. “People power!” he screams. artist,” he said as made his way to the “Let me tell you one thing about together to take down that old dicta- ing her hosts went viral. — Briefs “Our power!” the audience screams front of the hall. “It feels amazing. It Bobi Wine. Bobi Wine likes to gather tor.” They roar their approval. compiled by Wianda Gilliland and back. The band strikes up the intro feels amazing to be able to perform.” people around. Ever since I’ve been Bobi Wine is back on stage, and he Annerine Snyman. Sourced from to Mazzi Mawanvu, one of his old The crowd is almost exclusively seeing him, he wants to gather peo- hasn’t missed a beat. AFP and BBC Mail & Guardian December 13 to 19 2019 21 Business Cosatu suggests an Eskom solution

The union federation offers unprecedented concessions on job protections at the utility

Kevin Davie e all know that Eskom needs a Big Fix before it Wdrags the whole economy down with it, but we also know that there is a strong narrative which says gov- ernment is constrained by organised labour. So it will come as something of a surprise to learn that trade union fed- eration and ruling alliance member, Cosatu has tabled an ambitious and bold rescue plan to keep the country creditworthy and out of the hands of the International Monetary Fund (IMF). The plan calls for the custodian of the pension savings of state employees, the Public Investment Corporation (PIC), to invest R200- billion into Eskom as part of a R250- billion equity injection to reduce its runaway interest bill and to return it to fiscal sustainability. Eskom has said that it needs its debt to be reduced by from R450- billion to R200-billion for it to func- tion as an entity which can pay its own way. The proposal by Cosatu is for the remaining R50-billion to be made up by development finance Delayed reaction: Kusile (above) and Medupi power stations have run over timeframes and budget and are still not contributing to the national institutions such as the Development energy grid. Cosatu has suggested that state employee pension funds be used to fix Eskom. Photo: Paul Botes Bank of SA, Industrial Development Corporation and the Unemployment in the public sector where there is has been made to tackle corruption, It is involved in two high-level pro- they could well ask if this route is not Insurance Fund (UIF). currently a shortage of some 128 000 it says, “very few have actually been cesses to find a fix for Eskom, one in taken, what would be the value of the The PIC, which has assets under workers. arrested. Ten percent of the budget is the National Economic Development PIC’s investments if Eskom tanks and management of R1.8-trillion, holds Public Enterprises Minister Pravin still lost on average to corruption and and Labour Council (Nedlac) and takes the rest of the economy down R104-billion of Eskom’s debt, R95- Gordhan has previously said you wasteful expenditure. Tax revenues the other with its alliance partners. with it? billion on behalf of the Government don’t fire 16 000 Eskom employees, are declining. It is understood that there have The Cosatu document sees a two- Employees Pension Fund (GEPF) suggesting perhaps that this was “The MTBPS [medium-term budget been meetings with President Cyril stage process: “First an agreement on and R9-billion for the UIF. Under the the number of jobs at threat should policy statement] presented no plans Ramaphosa in the past few weeks and areas needing interventions. Second a Cosatu plan the PIC debt would be restructuring take place. to deal with these crises. Moody’s will that he is “quite keen” on the plan. process to find agreements on those converted to equity plus require a fur- “The state is fast running out of downgrade South Africa in February The discussions include treasury interventions. These should yield ther investment of about R100-billion options,” the Cosatu document says. if no plans to deal with Eskom and and public enterprises, these depart- a social compact involving govern- to reach the R200-billion mark. “Eskom with a debt of R450-billion grow the economy are presented. ments being tasked with putting ment, business and labour in time for A document, dated November and rising is the ticking time bomb Workers are and will bear the brunt numbers to the broad plan. “We have the February budget speech. 11/12 and titled Cosatu key economic threatening to implode the state and of the consequences of a collapse of agreement in principle. [Now] we A key point highlighted by Cosatu intervention proposals, which was economy.” Eskom, the state enterprises, the state need to get to the numbers,” a source is that a Just Transition plan must tabled at the alliance political coun- “We don’t have time. An SAA implo- and economy,” the document says. said. be developed and implemented for cil, a forum for the ANC, SACP and sion we can manage, but not Eskom,” “In short we have three months to workers at power stations and coal Cosatu alliance, calls for an urgent an insider said, explaining that finan- find a plan.” he document says “given the mines reaching the end of their life turnaround plan for Eskom as part cial collapse could mean the “other The three months references the potential collapse of Eskom, spans, as well as their host commu- of a social compact where there option”, the country entering an IMF pending February budget which state enterprises and the nities, in particular Mpumalanga, programme where loss-making enti- is widely seen as the country’s Tstate as well as the weak- Limpopo and the Eastern Cape. will be no privatisation and no retrenchments. ties are closed and wages are slashed last-chance to avoid being junked. ness of the economy, Cosatu is in a “Targeted public and private invest- It is understood though, that what by perhaps 30%, causing an economic “Failure to have a credible plan to unique position of strength to nego- ments must be made to produce is envisaged is that workers who lose depression. save Eskom by the budget speech will tiate key demands, for example, that renewable energy technology locally their jobs as Eskom is restructured, Cosatu wants action against the result in South Africa being down- state enterprises and government do and in particular in those three prov- will be offered jobs after a skills audit corrupt. Although some progress graded,” Cosatu says. not retrench workers or privatise, inces and targeting workers whose that a stimulus plan be implemented jobs are at risk,” the plan says. [and] funds be shifted towards “We don’t want workers to be industrialisation.” unemployed as a consequence of the More than tough love needed Cosatu’s proposal is in part based transition,” the insider explained, on the social compact used to rescue adding “nobody really wants to be a Cosatu’s economic intervention • Coal suppliers and IPP genera- embarked on with labour and the retail group Edcon where UIF funds mine worker”. proposals see the need for focused tion contractors must be forced to public service co-ordinating bar- were invested on the basis that the PIC board chair Reuel Khoza and tough action to secure Eskom’s reduce their prices or have their gaining council where excess staff loss of Edcon jobs would cause the is cautious about using GEPF turnaround, including: contracts cancelled and assets can be redeployed within Eskom UIF to have to fund more unemploy- funds to rescue Eskom. “Throwing • A comprehensive public audit expropriated; as well as to municipal electricity ment claims. money to the Eskom problem with- of all Eskom contracts and expendi- • Eskom’s mandate must be departments and the broader pub- “Labour’s key tool are workers’ out addressing the key challenges ture, including coal supply and extended by the minister to allow lic service and sector; funds, namely the PIC and UIF. If and understanding whence its Independent Power Producer (IPP) it to expand its own renewable • No worker must be retrenched; used strategically, then can play a problems come from would not contracts; energy generation capacity; • Bloated management and decisive role in workers’ favour,” be good. Certain things keep being • The arrest and seizure of the • A proper staff audit must be perks must be slashed; and Cosatu’s document says. done wrong at Eskom. Public serv- assets of those who looted; conducted to determine if and • Worker and community Some will undoubtedly see Cosatu ants would be very cautious and • Those who mismanaged must where Eskom is bloated; owned generation capacity must be pressuring the GEPF/PIC to invest ask many questions if we throw be dismissed and held personally • Reskilling and redeploy- increased, in particular targeting in Eskom as an unacceptable inter- good money after bad into Eskom,” financially liable; ment programmes must then be coal workers and communities. vention by a powerful labour federa- Khoza told Business Maverick. tion in its investment decisions, but To Page 22 22 Mail & Guardian December 13 to 19 2019 Business BIZ BRIEFS

CPI slows to a nine-year low The annual consumer price infl a- New rules for crypto-trading tion (CPI) went down further in November 2019 to 3.6% — from 3.7% in October 2019, according to StatsSA. This is the lowest recorded Local regulation of CPI since December 2010, when it cryptocurrencies could was 3.5%. The highest rate recorded was 7% in February 2016. Housing be implemented as and utilities; miscellaneous goods soon as next year and services; and food and non- alcoholic beverages were the biggest contributors to the drop. Food and Thando Maeko non-alcoholic beverages’ infl ation hen 52-year-old was 3.5%, slightly lower than the KwaZulu-Natal 3.6% recorded in October 2019. based primary The transport category moved into school princi- defl ation territory in November, Wpal Londumusa showing an average annual price Mashiyane first deposited R10 000 decrease of 0.3%. Annual defl ation into his Luno wallet to buy cryptocur- means that overall prices were lower rency at the beginning of August, he in November than they were in the hoped his new venture would yield same month last year. positive returns. Five months later — and with more than R179 000 depos- Life insurance fraud on the up ited into his Luno wallet — Mashi- South African life insurers detected yane had lost it all: he had no money 3 708 fraudulent and dishonest and no cryptocurrency. claims to the value of R1.06-billion His troubles started when a “Mr in 2018, according to the Association Adams” contacted him by phone and for Savings and Investment South excitedly informed him that he had Africa (Asisa). The report showed accumulated R5-million in his Luno that the total number of irregular wallet. If he deposited R400 000, claims was lower in 2018 than in Mashiyane was told that he could 2017, but the claims’ value remained either withdraw the R5-million or almost the same. In 2017, life insur- keep it as cryptocurrency. ers detected 5 026 fraudulent and The primary school teacher picked dishonest claims worth R1.13-billion. the cash option, and transferred Graphic: JOHN McCANN “If we allow fraudulent and dishon- R35 000 into the FNB account pro- est claims, honest policyholders will vided to him by Adams as a first hensive review of the potential risks paper will be based on its position There is currently an international ultimately end up footing the bill tranche. The account number was currently associated with these enti- paper on cryptocurrency that was trend to tighten laws associated with through higher premiums driven different from Luno’s FNB account ties, particularly given that appropri- published earlier this year by the cryptocurrency trading. The posses- by untenable claims rates,” said into which Mashiyane had previously ate regulatory frameworks are not yet intergovernmental fintech work- sion of and trade in digital currencies Donovan Herman, convenor of the deposited money, but he believed that in place,” the bank said in an email ing group. This consists of the cen- has been banned in some countries Asisa claims standing committee. the funds would go into the same response. tral bank, the treasury, the Financial including Ecuador, Bolivia, Egypt and The state showed that in 2018, life account as before. Mashiyane has opened a fraud case. Intelligence Centre (FIC) and the Morocco, while Singapore and South insurers paid 99.3% of claims made “When I deposited the money into But it is unlikely that he will recover Financial Sector Conduct Authority. Korea have begun to regulate it more against fully underwritten individual Luno, [Mr Adams] was able to see the the funds that he transferred to the South Africans’ appetite for cryp- strictly. life policies to a value of R15.1-billion. money refl ected in the account. That’s account number provided by Adams. tocurrency is growing, fast. In General manager at Luno Africa, why I was convinced that he was This is because South Africa has no September alone at least R80-million Marius Reitz, welcomed the Reserve Retail sales decrease working for Luno,” he said. legislation that regulates the fi nancial worth of crypto-related transactions Bank’s proposed regulations, saying Retail sales for October 2019 lowered Mashiyane was, however, wrong. risk associated with trading in crypto- originating in South Africa were it will provide consumers with a clear to a mere 0.3% year-on-year, from The company told the Mail & currencies and tokens. completed on the Luno platform. regulatory framework when dealing 0.4% year-on-year in September. Guardian that it does not employ As it stands, South Africans may use Although trading in cryptocurrency with cryptocurrency. The food and beverages category a “Mr Adams” in a customer-facing their crypto assets to pay for goods provides, among other benefits, an “This means they [crypto asset pro- recorded the biggest increase in role. “Luno will never force a cus- and services. But these assets are not alternative and cheaper banking viders] will be under a legal obliga- volume sales of 4.5% year-on-year, tomer to deposit funds into any of registered as legal tender. Users who system, the Reserve Bank has noted tion to comply with [the] anti-money whereas hardware, paint and glass Luno’s bank accounts,” it said. engage in trading of cryptocurrency that its nonregulation has led to laundering and counterterrorist recorded the biggest decline by 2.5% Mashiyane said that when he tried do so at their own risk. unintended consequences such as financing requirements in the FIC year-on-year. FNB’s senior econo- to contact Luno through its app, the “money laundering and the fi nancing Act. We believe it will help keep out mist Siphamandla Mkhwanazi said company did not respond. Instead, irtual currencies such as of terrorism.” fraudsters and other operators with consumers might have delayed their Adams contacted him by telephone, Bitcoin and Ethereum According to the Reserve Bank’s low concern (or capability) to keep October purchases in anticipation telling him that the transaction was (which can be bought on position paper, trading in cryptocur- customer information and money of discounts on Black Friday in still being processed and that a “pin” VLuno) were designed to rency also poses risks to consumers, safe,” Reitz said. November. He said households have to withdraw the funds would be sent. create a type of currency that is con- including being exposed to fraud or Chief executive and co-founder of become more price-sensitive and are The pin never arrived. trolled by its individual users, instead unauthorised use by anyone in pos- local cryptocurrency exchange valr. more inclined to buy goods on spe- “The other thing that I noticed is of a centralised authority such as session of the consumer’s credentials. com, Farzam Ehsani, said he hopes cial. “Looking ahead, while house- that Mr Adams even managed to a commercial or central bank. The “Transactions in most currencies are the publishing of rules regulating holds’ appetite for credit remains delete some of the emails between me transactions occur in the open and a not reversible, even if the result of cryptocurrency trading in South reasonably strong, the persistent and Luno,” Mashiyane said, suggest- record of each one is accessible to the fraud or unauthorised use,” the paper Africa will persuade FNB to reverse pressures on disposable income (via ing that “Mr Adams” had intercepted public. states. its decision to shut down accounts a weak labour market) and rapidly his communication. The nonregulation of this sector The policy paper will also be in line related to crypto-exchanges. “We weakening credit scores mean a FNB declined to comment on could soon change — by as early as with the recently released recom- remain fi rm in our belief that cryp- narrowing scope for consumers to Mashiyane’s case because it “can- 2020. The Reserve Bank has con- mendations on crypto assets, pub- tocurrencies have the potential to take up more debt. This, combined not provide any information on spe- fi rmed that it will draft a policy paper lished by the international Financial dramatically improve our financial with the deterioration in consumer cific bank accounts”. The bank did, on crypto assets by the fi rst quarter Action Task Force. In its paper, the system and we will continue with our sentiment, suggests a relatively tepid however, announce last month that of next year. The bank said the policy task force states that countries should goal in helping to build a financial medium- to longer-term house- it would be terminating its banking would look into mitigating potential assess and mitigate the risks associ- system that recognises the oneness of hold consumption prognosis,” said services to virtual currency exchanges risks of dealing with cryptocurrency, ated with virtual currency including humanity,” he said. Mkhwanazi. and other intermediaries trading in such as “money laundering, illicit to “licence or register service provid- virtual currency. fi nancial fl ows and lack of consumer ers and subject them to supervision Thando Maeko is an Adamela Trust Black Friday sales “FNB considers this to be a prudent protection”. or monitoring by competent national Business Fellow at the Mail & Guard- Automated payments clearing house course of action, following a compre- The Reserve Bank said the policy authorities”. ian BankservAfrica said R6-billion was spent on Black Friday in 2019, as compared to 2018’s R2.9-billion. It said this increase may eclipse December as 2019’s biggest month in Cosatu offers Eskom a solution terms of number of payments. The rise in transactions was not limited From Page 21 tious before funds are deployed into return on investment and govern- Cosatu’s proposed Eskom solu- to consumers, and extended to the Considering the deteriorating state Eskom,” ment guarantees on any money it tion. But, at the same time, given entire value chain of marketing and of SA’s public fi nances, Khoza said The Daily Maverick reported ear- extends to Eskom. how rapidly and dramatically the advertising, importers, manufactur- it wouldn’t be prudent to bail out lier this month that GEPF, which Abel Sithole, the GEPF’s princi- economy is tanking thanks to state ers, wholesalers and retailers. “Black Eskom using the GEPF even if its manages R1.8-trillion in pension pal executive offi cer, said the pen- enterprises in general, and Eskom Friday did not disappoint. Despite pension savings are guaranteed by savings of 1.7-million current and sion fund has not been asked by the in particular, there is arguably the tougher economy, it seems South the state. retired public servants, said it would government to bail out Eskom but it greater risk in not implementing Africans took advantage of the day’s “The fiscus is not growing and only consider recapitalising Eskom would consider a request to recapi- this rescue plan. special deals with in-store and online because of this, it behoves those if the government puts in place talise the power utility. Asked to comment, Eskom said it transaction volumes refl ecting that have been given the custodian- strict repayment terms and condi- There is undoubtedly risk for was not aware of such proposal or strong year-on-year growth,” said ship of those funds to be hyper-cau- tions. These include an attractive the GEPF/PIC in signing up for discussion with its board. BankservAfrica’s Solly Bellingan. Mail & Guardian December 13 to 19 2019 23 24 Mail & Guardian December 13 to 19 2019 Business

Sold for PROPERTY R14m The big Bosasa bonanza Bosasa head office AGO and Bosasa head office and campus (portion 222, extent about 8.29 hectares) including a large office park, more offices, A selection of assets forcibly sold at auction a restaurant canteen, warehouse and other buildings Prices exclude VAT and commission

Sold for Total estimate for auction The auctioneers sold over a thousand lots R60m R100m made up of property, Lindela the Rodcor plant, Lindela Repatriation Centre (portion 210, extent about 26.48 hectares) machinery, equipment, vehicles including a mining compound converted into youth development and other movables centre, workshop, residential development (nine large buildings) and a soccer field Sold for Sold for R11.5m R96000 Rodcor The price of Rodcor copper plant (portions 214, 215 and 216, combined extent an industrial about 9.28 hectares) including hostel buildings, copper-smelting Nespresso coffee building, storerooms, workshops, offices, carports and a weighbridge machine with assorted crockery

VEHICLES Sold for OFFICE GOODS FOOD AND DINING Passenger vehicles Furniture, art and equipment Catering equipment 2016 BMW X5 R590000 Executive desks Sold for LG, Samsung and Defy microwave ovens 2008 Audi A4 High back chairs Assorted bar fridges The price of the late Gavin Watson’s 2008–2011 Ford Bantams luxury blue BMW X5 Typist and mid-back chairs Nespresso coffee machines 2008–2016 Toyota Avanzas Work stations R242000 Restaurant tables and chairs 2011–2016 Toyota Corollas Commercial vehicles Assorted pedestals The price of a boardroom table with Anvil toasters 2012–2014 Toyota Etios 2005 Toyota Dyna 8-145 refrigerated body Boardroom suites 20 chairs, a magazine stand and a flip chart Beverage fridges 2012–2018 Toyota Fortuners 2009–2016 Hino 15-257 closed body Assorted credenzas Designer leather and fabric Stainless steel prep tables 2004–2015 Toyota Hilux 2.5 and 3.0 D4D 2009 Toyota Dyna 6-104 refrigerated body Wood and steel stationery cabinets reception couches and chairs Assorted fridge-freezers 2015 Toyota Yaris 2016 Hino 2626 refrigerated body Roller-door cabinets Assorted bar stools Assorted urns 2012 Volkswagen Crafter 2012 Case TX 170 Telehandler Wood and steel filing cabinets Reception counters Convection ovens 2014 Toyota Quantums 2005 Caterpillar 424 Backhoe Loader Bulk filing system Outdoor furniture Deep fryers 2013 Mercedes Benz E200 2004 Hino 13-237 closed body Conference tables Large assortment of artworks Tilting frying pans 2016 Mercedes Benz C250 2012–2014 Hino 300 closed body A student desk Water dispensers Fully equipped mobile kitchen containers 2017 Chevrolet Utility Massey Ferguson 135 200 240 tractors Conference facility equipment Side tables Bain Marie food warmers 2013 Volkswagen Caddy Assorted trailers Executive bookshelves Framed mirrors Industrial dishwashers 2013 Volkswagen Polos Quad bikes and golf carts Designer coffee tables Cash registers Industrial ovens, and more Graphic: JOHN McCANN Compiled by: M&G DATADESK Data source: PARK VILLAGE AUCTIONS Lindela ownership is up in the air

immovable assets for the government, explained to the bidders that the Watson’s blue 2016 BMW X5 (sold The government has the right of first refusal has also applied for the same right. department of public works had the for R590 000), and a 2016 Mercedes to purchase the detention centre, and two Both the departments have 14 days to right of fi rst refusal. Benz C250 with 95 640km on the make a decision about the property. The centre has the capacity to hold clock (sold for R255 000). departments are considering doing so “The two departments are work- 5 000 foreign nationals who are either Auctioneer Clive Lazarus told the ing together to ensure both that the waiting to be deported to their coun- M&G the entire auction will raise Tshegofatso Mathe because it’s where we house people property transaction is concluded tries of origin or to confi rm their legal about R100-million. “It has been a who have been processed for depor- with the best interest of the tax- status. nice crowd and the bidding has been he department of home tation,” said home aff airs spokesper- payer in mind, and in a manner that On the first day of the auction, very brisk and good,” he said. affairs is determining if it son Siya Qoza. ensures the confidence of the pub- there were unconfi rmed reports that Although all of the assets have can match the R60-mil- He said the department had dis- lic that regulatory compliance and migrants were being kicked out of been sold off, Watson’s nephew, lion bid by an unnamed cussed this with the liquidator and questions of value for money have Lindela. But the department of home Jared Watson, who is the current Tinvestor from Limpopo to indicated that it would want to have been interrogated,” said the depart- aff airs said in a statement that the chief executive of what was Bosasa, buy the Lindela repatriation centre continued access to the facility — but ment of public works and infrastruc- foreign nationals had left after they said he will fi le court papers to prove at an auction last week. it wants the price to be “reasonable”. ture’s Zara Nicholson. completed a process checking if they that the auction was illegal. The facility, which houses alleged The department has been leas- The bid took place at the three-day were in South Africa legally. “The sale was illegal. If the liquida- illegal immigrants, was owned by ing the property since 2002, but auction at the Bosasa headquarters The department also said the for- tors wish to sell any assets, they need the infamous Bosasa, now known as its contract is ending in November in Krugersdorp in Johannesburg last eign nationals were temporarily to get an approval of Bosasa, but they African Global Operations, which is next year. The contract with week. The sale of the property was one accommodated at the centre in order never did,” Watson said. currently undergoing liquidation. Environmongz Projects, which main- of many assets sold to raise money to to determine if they have legal status He said the liquidators were pro- Its liquidators told the Mail & tains Lindela, ends at the same time. pay Bosasa’s creditors, as well as the to be in the country. visionally selected, and they had no Guardian that they have received The department currently pays for R500-million in taxes owed to the The M&G attended the last day of right to sell the assets without the the off er but “it has not yet been con- the leasing agreement and services South African Revenue Service. the auction, which took place at the approval of the company. fi rmed”. This is because the depart- including accommodation, security, The bidding for the transit centre Bosasa headquarters. It was raining, Before the auction, Watson ment of home aff airs has agreed to catering and a clinic, at a cost of opened at R30-million, and it was but that did not deter the crowd. filed an urgent application in the try to exercise its right of fi rst refusal R9.5-million a month. Each bidder had to pay a R20 000 Johannesburg high court to try to on the property with the liquidators. Qoza said it wants “access” to registration fee to take part. On the halt the auction so that the company This right aff ords the department the facility — either in the form of last day, office furniture, paintings could be placed under business res- fi rst preference to buy the property, another lease agreement or by pur- “Lindela is an and security equipment were on the cue, but it was not approved by the should the owner ever choose to sell chasing the place. The two options important facility lots. court. The liquidators said Watson’s it, or match the bid should the prop- will be assessed by the department The headquarters is devoid of application was struck off the roll “for erty be auctioned. and it will make its decision depend- for us the state, and activity, but it’s still beautiful and the abusive manner in which it was “Lindela is an important facility for ing on which one is the most fi nan- we are interested spacious. The gardens are lush, with brought, and for the lack of urgency”. cially reasonable for it. us the state, and we are interested in making sure that peacocks occupying the green grass. in making sure that we’ve got access The department of public works Other items sold included the late Tshegofatso Mathe is an Adamela and continue to use it. It is important and infrastructure, as the custodian of we’ve got access” former Bosasa chief executive Gavin Trust business reporter at the M&G MailMail && GuardianGuardian December 13 to 19 2019 25 Comment& Analysis

Mr Gordhan, Graphic: JOHN McCANN Eishkom isn’t a natural disaster

The blackouts are man-made and the result of corruption, crony politics and mismanagement

We did not get to the current crisis because of exogenous factors beyond Eusebius McKaiser human control. It is the actions and inactions of ANC politicians and people appointed by ANC political few nights ago on principals that got us to stage six news channel eNCA, load-shedding. I heard Eishkom chief There is a profound lack of willing- operating officer Jan ness by the ANC to take moral, eco- A nomic, legal and political responsi- Oberholzer and board chairperson Jabu Mabuza, as well as bility for the way in which political Public Enterprises Minister Pravin agency was executed over the past Gordhan trying hard and failing decade and longer. miserably to explain the rolling And so, while nominally apolo- power outages. gising to the nation, when it was Oberholzer was the most lucid of his turn to speak to the cameras, the three, perhaps because he has the Gordhan was quick to emphasise the best technical expertise among them, unseasonably wet conditions that explaining in his opening remarks have led to flooding at at least one that several decades of little to no power station and wet coal all over maintenance of our ageing coal-fired the place. Essentially, the subtext power stations, got us to stage six was that Mother Nature is an unpre- load-shedding. That, coupled with dictable beast and she is a key reason inadequate investment in new infra- we are in this mess. structure, created the energy volatil- That is bull. We have had wet coal ity we are now experiencing. giving us problems before. What He used the analogy of an ageing lessons did this government learn body: if you do not go for regular then? What new contingency plans check-ups as you get older, you may were devised, during dry times, for miss an opportunity to identify early navigating inclement weather in on and deal effectively with poten- the future? Gordhan seems shocked tially serious or fatal illnesses that to discover that rain makes exposed otherwise might only show symp- coal wet. That is like a drinker toms later on. This is why preven- expressing shock that many shots crisis to stage six load-shedding? increased fiscal pressure on the gov- a demand they did not even create tive medicine isn’t a luxury but a of tequila will make you drunk. It is Of course we are experiencing a ernment as a result of an already or expect. That isn’t necessarily a prudent way of thinking about your condescending to tell us that freak national crisis and no degree of ver- thin tax base eroding further when threat to formal democracy but the overall wellbeing and longevity. By weather patterns are a central rea- bal dexterity can get the politicians companies cut back their opera- deeper values of a liberal democratic implication, in the case of Eskom, son we are in this crisis. The heavy out of this one. tions (thereby making less profit and society that is reason-bound can be no one gave a damn about regu- rains do not help. That is true. But The crisis has been ongoing and owing the South African Revenue threatened. lar check-ups, and now we have the rain isn’t an exculpatory factor will get worse. There is little chance Service less in turn) and retrenched Our democracy is founded on some infrastructure that is barely fit for when the dominant reasons for this of us avoiding a recession. The conse- people becoming indigent citizens demanding normative principles. purpose. situation are man-made rather than quence of this energy insecurity will that the tax agency cannot go after? Not only did we set out to create a Oberholzer didn’t say that his natural. almost certainly be a worsening in How is this “manageable” Minister society in which the ideals of delib- explanation is the full account of how Mabuza, with his irritatingly employment levels as major compa- Gordhan? How is it not an unquali- eration and participation are held we got here. So it was rather conveni- uncool hat that is determined to defy nies are pushed to cut back their use fied national crisis? in high constitutional regard, but we ent for both Mabuza and Gordhan to a sense of urgency, also denied there of electricity and therefore reduce Beyond these economic disasters, I also codified citizens’ entitlement to refer back to his comments as if those is leadership failure at present. When their productivity levels, which worry what the deeper implications the nuts and bolts — civil liberties were intended to be a total explana- eNCA’s reporter, Samkele Maseko, can only mean pressure on the cost for our democracy will be. A healthy and socioeconomic rights — that are tion of the hot mess we are in. The asked him whether he at least con- curves, and therefore retrenchments democracy is one that can only sus- required for us to rehearse a democ- most obvious factor that Oberholzer ceded that there are design flaws if following suit. If this crisis is “man- tain itself on the backs of people racy based on deliberative and par- wasn’t going to mention, both a power station can be flooded and ageable”, Minister Gordhan, can who have a stake in society, people ticipatory ideals. because this is trite and because he rendered useless, he simply extended you tell us what you will do for who are living reasonably well even The dark Eishkom truth is that no wouldn’t do so in front of his bosses the meaning of success to include the workers that are about to lose if they are not all fully flourishing. If one can live up to these ideals if the when the communication strategy the failure to own and operate infra- their jobs as a direct result of the our economy tanks entirely, courtesy lights are off. It is that elementary. was to “calm” the nation, is corrup- structure that can perform even blackouts? of Eishkom, then the effect will not And that is why Gordhan’s penchant tion that has left our power utility when there is heavy rain. Can you tell the millions of South just be heart-breaking in terms of to condescend to reporters who ask unable to guarantee us a secure sup- If Eskom isn’t an exemplary case of Africans reliant on social security daily frustrations for each one of him tough questions is unaccepta- ply of electricity. “failure”, then nothing can count as grants what will happen if there is us, but at a systemic level the foun- ble. We can either pretend all is well We cannot overlook that fact just an unambiguous example of leader- dations of our democracy will be or we can confront the brutal reality because it is irritating for Gordhan ship failure. Not to be outdone with damaged. of a country slowly sliding towards to be reminded that it is under the this abuse of language by Mabuza, Populism takes root when there the kind of crisis that we assumed criminally irresponsible ANC non- Gordhan also decided to redefine are scarce resources or when mil- only Zimbabwe is capable of hav- leadership that the power utility a word, this time the word “crisis”. We are experiencing lions of people are indigent, or feel ing. We must stop believing that became a trough from which a net- When asked whether we are expe- a national crisis hopeless about their prospects to live we are exceptional. We shouldn’t work of corrupt politicians and busi- riencing a crisis, Gordhan declined well. Under such conditions, anar- panic, just yet, but we certainly ness people feasted for at least a dec- an unqualified “yes” answer, opting and no degree of chist ideologies, such as those of the should ask an uncomfortable ques- ade. It is under ANC non-leadership for the Orwellian invention of a verbal dexterity Economic Freedom Fighters, feel tion we arrogantly refuse to ask: that infrastructure was not properly “manageable crisis”. If this crisis is like they capture one’s sense of being “How did Zimbabwe become a bas- maintained and new-build pro- “manageable” why, under his politi- can get the politicians gatvol. The proverbial centre can- ket case after the promise of libera- grammes were grossly mismanaged. cal leadership, is he managing the out of this one not hold in this context, and views at tion?” It is time to go there — met the extremes of our discourse meet Eish(kom), ja. 26 Mail & Guardian December 13 to 19 2019 Mail & Guardian December 13 to 19 2019 26 Comment & Analysis ConCourt finds patriarchy guilty

he judgments that came with them. They are ordinary peo- out of the Constitutional ple, who lead normal lives. Court this week in the “Terming rapists as monsters and Tcase about rape and the degenerates tends to normalise doctrine of common the incidents of rape committed by purpose were important: they men we know because they are not cleared up any confusion about ‘monsters’, they are rational and whether the doctrine of common well-respected men in the commu- purpose can be used to convict for nity. Yes, the abominable behaviour rape. of these men is abhorrent and gro- It can. tesque and the recognition that they The main judgment of acting are human does not seek to evoke judge Rammaka Mathopo starkly sympathy — it serves to signify a Access to knowledge: The Cecil H Green library at Stanford University. The International Federation of Library exposes the irrationality, rooted switch from characterising rap- Associations and Institutions holds the same view on copyright as USAf. Photo: Justin Sullivan/Getty Images in patriarchy, of distinguishing ists as out-of-control monsters, and between murder and assault on the centres the notion that rapists are one side and rape on the other. humans who choose to abuse their The separate concurring judgment power. of acting judge Margaret Victor “The idea that rape is committed detailed some of the legal rules by monsters and animals may have USAf’s position on Bill that developed over the years, only adverse effects in that it may lead later to be rejected, that showed to the reinforcement of rape myths the “embedded patriarchal gender and stereotypes. For instance, label- norms in the procedural rules of evi- ling of this nature may lead to a cog- dence in relation to rape”. nitive dissonance when the actual Most crucially the judgments rapist does not match the descrip- in line with its mission locate rape as a crime of patriarchal tion of rapists. It has been said that power; as systematic and structural, this cognitive dissonance leads to said Judge Sisi Khampepe in her the problematic questions like ‘per- separate concurring judgment. son X is a good man, what happened On this, the Mail & Guardian to cause him to rape?’ also an executive board member of can do no better than to quote “These questions have the effect of Universities South Africa takes exception the Dramatic, Artistic and Literary Khampepe at length. then centring the actions of the vic- to André Myburgh’s characterisation of its Rights Organisation, with a direct “Rape, at its core, is an abuse of tims and not those of the actual rap- interest in this matter. power expressed in a sexual way. ist. This in turn reinforces the preva- submission on the Copyright Amendment Bill We are aware of other submissions It is characterised with power on lent rape culture in South Africa and too by academics and administrators one side and disempowerment and safeguards the patriarchal norms RIGHT OF REPLY radation of this principle is simply in opposition to the Bill, but, as has degradation on the other. Without which normalise incidents of rape. Ahmed Bawa to misunderstand its purpose as been pointed out above, these are more being said, we know which “Rape is not rare, unusual a collective of higher education not institutional or sectoral posi- gender falls on which side. and deviant. It is structural and niversities South Africa institutions. tions. USAf does not require every “The notion that rape is commit- systemic.” (USAf) read with some Myburgh goes on to claim that the member of staff of its member insti- ted by sexually deviant monsters Victor adds that tackling rape as disbelief “Fringe views Copyright Amendment Bill would tutions to share the same views. This with no self-control is misplaced. a product of patriarchy “should also replace universities’ promote plagiarism. USAf supports is simply in the nature of the univer- Uposition on the Copy- Law databases are replete with break down structures that enhance the Bill precisely because it does not sity as a social institution. cases that contradict this notion. patriarchal practices that in turn right Amendment Bill’’ by André authorise plagiarism. The idea con- We have agreed that there ought Often, those who rape are fathers, give rise to gender-based violence. Myburgh (Mail & Guardian, Novem- tained in the Copyright Amendment to be further discussion, probably brothers, uncles, husbands, lovers, This means focusing on the intersec- ber 29) and the allegations made in Bill, as Myburgh points out, is to be led by USAf’s Research and mentors, bosses and colleagues. We tionality of categories like gender, it. that the proposed quotation right Innovation Strategy Group, which commune with them. race, age, class and ability in rela- The article fails completely requires attribution to the author will probably focus on the exis- “We share stories and coffee with tion to rape.” to locate USAf’s position on the “to the extent practicable”. This sim- tential tension between the public them. We jog with them. We work We agree. Copyright Amendment Bill within ply does not authorise plagiarism. It good function of universities and an understanding of the purpose of requires attribution. their commercial activities, which South Africa’s 26 public universi- Myburgh further claims USAf did need not be in conflict with each ties and their location within the not consult every one of its members. other. Nigerian law is the national system of innovation and This is true only in the sense that USAf does not agree with Myburgh in the global knowledge system. universities are complex structures and others that the Bill’s educational Further, there are too many inaccu- with multiple voices within them. exceptions will destroy academic criminal, not gay people racies in this article to address them At a single institution there could be publishing, as I made clear to the all, but I will focus on a few of them. strong supporters and strong detrac- publishing industry whenever I had As Myburgh points out, USAf seeks tors of any new policy. the opportunity to meet with them. to promote optimum conditions for There were vigorous responses Universities in South Africa pay On Wednesday, 47 men went on trial Nigeria is Africa’s most popu- universities to thrive in South Africa against the position adopted by more than 10 times as much for in a court in Nigeria. Their supposed lous country. It is also arguably and in the world. The university sys- USAf from two commercial units at course-pack licences as their univer- crime? Public displays of affection its most culturally significant: tem produces more than 220 000 universities, one from a university sity presses gain in licensing revenue with members of the same sex. If Nollywood movies and series are graduates a year and produced press and one from a deputy vice- from course packs. If the Bill were convicted, the men could be sen- watched across the continent, while about 25 000 peer-reviewed research chancellor who indicated the need passed, and assuming that all course- tenced to up to a decade in prison. Afrobeats is the dominant musical articles in 2018, the latter a rapid for further debate. Myburgh refers pack licensing ceased — which we do The case is the first prosecu- genre. growth since 2010. too to the “completely different” sub- not agree the Bill requires — then tion under the Same Sex Marriage In other words, what happens in This requires a constant and con- mission made by the research chair universities would have millions of Prohibition Act, which bans gay Nigeria matters for the rest of us. tinuous focus on building a cul- of law, society and technology at extra rands they could reinvest in marriage in Nigeria. The Act was Social mores and prejudices forged ture of ethical integrity in research, Unisa. scholarly publishing and access. This signed into law in 2014 by President in Lagos are echoed in the intimate teaching and learning. It would be This isn’t a contradiction. would benefit, not harm, universities Goodluck Jonathan, and has been spaces of people all over the con- foolish for USAf to undermine the Although the research chair was at and their researchers, presses and used to persecute and harass queer tinent — in their living rooms, on integrity of the system. A number the time a staff member of a mem- students. people. their headphones, in their social of large projects focus specifically ber institution of USAf, she was The fair-use elements of the As the head of a local nongov- gatherings — and as such are dispro- on ensuring that there is a national Copyright Amendment Bill, which ernmental organisation said in a portionately influential. approach to this. are supported by USAf, refer to the 2016 Human Rights Watch report: We cannot stand by silently as Myburgh expresses concern that existence of very specific conditions “Basically, because of this law, the Nigeria criminalises queer people. USAf’s support for the Copyright USAf does not agree and will not give rise to a free-for-all police treat people in any way that Nobody should ever be discrimi- Amendment Bill undermines and with Myburgh … that situation. USAf’s position displays they please. They torture, force peo- nated against for whom they choose erodes the attribution of author- no intention to undermine the pub- ple to confess, and when they hear to love. The real criminals here are ship. This is one simple but critically the Bill’s educational lishing industry — only to ensure about a gathering of men, they just not the 47 men on trial, but those important element of the continu- exceptions will that it is increasingly responsive to head over to make arrests.” that seek to persecute them. ing project of building a university the challenges of our society and the system with integrity. To imagine destroy academic role universities play in it, where this M&G Media Ltd that USAf would encourage a deg- publishing is possible. Mail & Guardian December 13 to 19 2019 27 Comment & Analysis

VERBATIM

“There is a question of Ounemployment, companies have started laying off [people]. Companies are closing. More surprisingly is the minister saying load-shedding is manageable. I think they are out of touch with the understanding and frustra- tion as well as the depth it has.” — Trade union federation Cosatu general secretary Bheki Ntshalint- shali speaking on the sidelines of the South African Communist Party’s special national congress on Tuesday, about the ongoing power outages in the country and the eff ect it is having.

“Mandela stayed in OHoughton, Thabo Mbeki stays in Houghton and Kgalema Motlanthe stays in Houghton — but no one has ever doubted their commitment to fi ght for the poor because of where they stay.” — Economic Freedom Fighters leader Julius Malema speaking to TimesLive about criticism he has received for living a good life while advocating for the poor.

“Now I’m asking South OAfricans to say: ‘This is our country, we need to be part of the movement together that not only holds political parties to account, but also works in such a way that can bring change that builds one South Africa for all.’” — Former Democratic Alliance leader Mmusi Maimane speaking to Eyewitness News about working CR’s show hardly electrifying on a movement that could change the face of politics come the next general elections in South Africa.

“Greta’s [Thunberg] been I’m hammered — by cheaper coal for Eskom; no mention Osaying Indians have died be- of canning the lahnees bonuses; no cause they were defending endless rain, power letting municipalities buy electricity the Amazon. It’s amazing how outages and Cyril’s from other producers; nothing. much space the press gives this I’m flattened. We are fucked. It’s kind of pirralha [brat].” — Brazilian sabotage performance way too late for this kind of nonsen- President Jair Bolsonaro speaking sical dithering. How can we, at this about the recent comments made stage, be talking about developing by 16-year-old climate activist. emergency plans as if the lights just Paddy Harper went off for the fi rst time? Where has this cat been living? Granted, there’s defi nitely a gener- YEARS ednesday. ator at Mahlamba Ndlopfu, the presi- It’s nearly kick- dential residence, but nobody can be AGO off time in the that insulated from the collapse of Atlético Madrid’s our electricity generation system and WChampions the economy, can they? The government is actively League fixture against Lokomotiv The head of state wobbles on. investigating a national health Moscow. Diego Simeone’s side have Starts talking about there being a insurance plan, which would, if been battling in the Spanish league Defuse: President Cyril Ramaphosa said he’d procure an extra 5 000 “measure” of sabotage in the latest implemented, revolutionise the this season, so this is a big game for megawatts of generation capacity, but he didn’t say from where or how round of power cuts. Somebody dis- country’s health system and pro- them. And for me. connected something at the Tutuka vide the funds for basic health Not that I’ll be watching it. There trying to catch them during lunch or I got my fi rst coff ee and signal at power station in Mpumalanga, caus- care to all citizens. is electricity, but my DStv is dead, between meetings, or in the evening. about 10am. The power lasted for ing boilers to trip. Or maybe it was Three options are under con- an early victim of the first wave of With no phone, email or WhatsApp two hours, then nada. It’s back now, two boilers. Oh, and somebody stole sideration. The Weekly Mail load-shedding that hit us over the — Vodacom and Telkom have both but I’m close to tears as I fi nally get some cables. & Guardian has been given weekend. collapsed along with Eskom, it enough signal to get an online feed Ramaphosa catches his breath, a copy of the summary of the It’s been hammering with rain appears — it’s almost impossible. of President Cyril Ramaphosa’s brief- and continues. option most favoured by the since Monday, when I managed to Two-hour spurts of work at a fran- ing on his return from Egypt — I Government is going to pour mil- Department of National Health, get hold of Ace, the cat who normally tic, almost demented pace, ham- hope he charged his phone while he lions into investigating and pro- which is the most contentious of sorts the satellite dish out. By the mering away to try to get as many was there — to deal with the latest viding constant security and sur- the three. time he got here, the power was off interviews done as possible, to down- catastrophe. veillance for the electricity supply This plan, if implemented is and the rain had started for real. load whatever is needed and charge Ramaphosa is less than convinc- system. This is crazy. likely to be hugely popular with Ace headed home and won’t be whatever requires power in prepara- ing as he mumbles his way through I was around when then public the majority of South Africans; back till the rain stops and the power tion for the — hopefully — two hours his delivery, like he’s making it up as enterprises minister Alec Erwin resisted by those already paying supply stabilises. I don’t blame the of powerlessness that is sure as hell he goes along. Granted, the head of cried sabotage in 2005 after Koeberg large amounts of income tax; man. The rain has been intense, going to follow. Thus far, the two state is a lawyer turned trade union- nuclear power station went offl ine, alienate many doctors; and, at getting heavier as the days go on. I hour rule has worked — most of the ist turned businessman turned poli- back in the days before load-shed- the very least, set off widespread wouldn’t want to be four storeys up, time — and it’s been possible to get a tician, and not an electrician — but ding was a word, and claimed some- debate about its merits. all cables and slippery painted roof, dysfunctional kind of rhythm going. he’s clearly ad libbing as he outlines body had thrown an 8cm bolt into a The department is in the pro- in the middle of a fl ood with an on- Today it hasn’t. the latest “plan” to deal with the turbine. I was also around in 2006 cess of setting up an “implemen- off -on-off electricity supply either. Eskom mess. when Erwin declared the breakdown tation committee” to review all Like Ace and the rest of South It’s not much of a plan to be hon- was caused by human error and three options and is unlikely to Africa, I’ve spent the last couple of est. I could have come up with a bet- denied claiming the incident was have a plan put in place until the days battling with Eskom’s latest Granted, the head ter one. Cancel leave at Eskom; give sabotage. 1996-97 budget. The introduction collapse, the rapid escalation from of state is a lawyer the lahnees a stern talking to; come This is not a smart move by of any such major change is likely stage 2 to stage 6 that forced the up with an emergency recovery plan Ramaphosa. It’s a pretty transpar- to undergo a great deal of debate, head of state to cut short his trip up turned trade unionist to ensure Eskom can deliver enough ent attempt to buy breathing space, including a separate debate in north and come home. turned businessman electricity to keep the lights on. to apportion blame to some invisible Parliament. — The Weekly Mail It’s been rough. It’s diffi cult enough There’s barely mention of removing entity. This is not going to end well. & Guardian, December 15 to 22 to cover events all over the country turned politician, and barriers to getting alternative energy I can’t watch any more of this. 1994 from Durban at the best of times, not an electrician production going; no talk of fi nding I kill the feed. Head for bed. Mail & Guardian December 13 to 19 2019 28 Comment & Analysis USAf’s position on Bill in line with its mission

From Page 26 is so beset by poverty, inequality and honest, there would be no need to The answer to this is simple. The works, particularly in the digital USAf takes strong exception to the lack of access to information and override any lawful acts in the copy- existing copyright legislation simply environment. allegation that others drafted our knowledge. The New York public right law or any other law, for that does not take into account the rapid In summary, USAf’s major concern submissions. USAf’s 2018 submission library is attempting to find strictly matter. and vast changes occurring in the in all it does is to ensure that South was informed by a shared, section- ethical and legal protocols that will This isn’t a unique position to world of knowledge production and Africa’s higher education is opti- by-section analysis of the Bill by a make most of its 40-million hold- hold. The International Federation dissemination due, in part, to the mally geared to engage in high-qual- number of South African experts, as ings available to the general public. of Library Associations and integration of digital technologies ity teaching and learning, as well as well as some international copyright This is not a corporation — it is one Institutions holds exactly the same into these processes. research and innovation. experts. Any errors or similarity in of the world’s leading public librar- view, capturing this as follows, In addition to teaching and learn- In addition, USAf aims to ensure language would have resulted from ies. One has to ask: Who do Myburgh “Allowing contract terms to over- ing, as well as research and innova- that it does so with an understand- that process. Sharing information and others who support his posi- ride the law creates major costs tion, our institutions are also major ing of the local and global context among stakeholders is not nefarious tion speak for — if not the corporate for libraries and their users, and custodians, users and producers of in which it is located and to use that in any way. USAf unapologetically sector? of course also undermines the will knowledge and intellectual property, context to inform its contribution to recognises the role of experts and we USAf and the Committee of of lawmakers when introducing the bulk of which is paid for by the the emergence of a more just soci- do so in every single project we are Higher Education Libraries of South exceptions and limitation in the first public purse. ety. Amid a million other positions involved with. Africa welcome the protection of place.” More than 30 countries have They are expected to engage soci- on policies that affect higher educa- We also take offence at the sugges- user rights from contractual over- addressed this issue. ety through these activities. Our tion, its orientation on the Copyright tion that USAf’s views are beholden ride. Under the current copyright Myburgh questions why USAf libraries house large collections of Amendment Bill is driven by this to Google and other corporations in law, contract law has overridden or would comment on fair use, freedom music, films, images and other mul- imperative. any way. In fact, the inspiration for undermined copyright exceptions of panorama, needle time for music, timedia content. We support the USAf’s position has its origins in a in many licence agreements that and other exceptions that would needs of researchers and the pub- Professor Ahmed Bawa is the chief social justice framework that seeks our member institutions have increase access to information and lic to access these resources and to executive of Universities South to address the needs of a society that signed. If the contract is fair and freedom of expression. use and reuse them to create new Africa What it takes to achieve a true revolution

This is an edited extract of the introduction to ‘Revolutionary Thought in the 20th Century’ (1980) edited by Ben Turok, the anti-apartheid stalwart and ANC MP who died on Monday

ur capitalist world is spectre of drastic, and often revolu- marked nowadays by tionary, change around the corner. Rebel son: Ben Turok died aged 92. He lived a full life and steered a true path. He was of a generation of a condition that might “Revolution” is often identified struggle veterans that adhered to notions of justice, truth, equality and democracy. Photo: David Harrison Obe termed stable crisis. with specific events like mass riots, Crisis is no longer the the slaying of a monarch, a coup exception; it is the norm. And when d’etat or acts of terror by an armed even to depose or physically elimi- national movement whose goals Nyerere and Nkrumah subsequently a hundred thousand people march hand. No doubt this kind of action nate them. included national independence and saw this quite clearly. in the streets of some apparently has occurred in the course of many A feature of the major revolutions the elimination of foreign domina- The picture is certainly very dif- strife-torn city (Soweto, Managua, revolutions but I shall argue that in the epoch of industrialisation tion, the redistribution of land, and ferent in those countries that were or Tehran), we lift an eyebrow as if these incidents do not in themselves and the emergence of capitalism is escape from the trap of backward- controlled by more intractable colo- to say “all, one more”. The sense of amount to revolutions. that they have occurred in under- ness in which colonial and feudal nial powers and where the struggle crisis is now so general that we are Even if we were to develop a defi- developed countries. The Russian, rule had placed them. was conducted by means of a social no longer surprised at the outbreak nition of revolution giving this kind Chinese, Cuban, Vietnamese However, the actual achievement revolution directed not only at impe- of massive demonstrations here, an of incident the status of revolution, and Mozambican revolutions all of independence has often proved rialist rule but also at capitalist/feu- attack by an armed force there. it would not help us understand the took place in conditions that we rather different, particularly in most dal elements within. Mozambique, Nations bomb each other across significance of revolutionary events now identify with feudalism and African states, which are now well Guinea-Bissau and Angola are borders, armies launch into action of our day. Revolutions are major colonialism. differentiated into class systems, instances in Africa while China and to teach the other side a lesson. events and need to be distinguished These countries, although their the state in the grip of a neocolonial Vietnam can be cited elsewhere. In There is a lunatic kind of regularity from more limited skirmishes with conditions differed widely, had in bourgeoisie with a firm base in both these countries a people’s demo- and familiarity about it all, includ- authority. common that class inequalities were public and private sectors. cratic state has been set up with an ing the threatening collapse of the The really significant revolutions extreme, not merely in incomes and The claims to pursue socialist orientation to socialism. world monetary system. Life goes of our time have had a more or less wealth but in lifestyles, amenities, and egalitarian goals are now seen The issue of inequality was seen on, restless, filled with disquiet and long period of gestation and a coher- political rights and in the total social to be myth-making and window- in both national and class terms: alienation. ence of plan and organisation, and existence of large sectors of the dressing. The possible exception independence was seen as necessary Since it was crisis that brought into they have worked themselves out population. is Tanzania. There very real efforts to break imperialist control of the being Marxism as a theory and guide on a large scale. So we are not con- are being made to curb the ever- economy while the class inequalities to action, it is not surprising that cerned with isolated acts, no matter hese class inequalities, often present pressure for more wealth within were meant to be overcome Marxist literature is now flourishing. how great an effect they may have based in feudal social rela- and power by the petty bourgeoisie, by the elimination of feudal and People are seeking answers to the made at the time. tions, were exacerbated by and a rudimentary democracy is capitalist class privileges and power, Tthe further exploitation of leading ultimately, by a process of enormous questions being thrown Wertheim writes: “Evidently, there practised. up within the heart of advanced is an additional quality inherent the bulk of the population by impe- But the issue is not yet decided gradual transition, to a classless capitalism and an understanding of in the concept of revolution, which rialism and colonialism. The people and the difficulties of moving in a society. the implications of the emergence revolt lacks and which basically in the colonial countries compared socialist and egalitarian direction The evidence suggests very clearly of revolutionary governments in the distinguishes revolutions from any their circumstances to those of their are immense. It is tempting to infer that only in those former colonial Third World, which together with other disturbance, insurrection, or local rulers and to that of the domi- from these African experiences that countries where independence was the might of the Socialist bloc has coup d’etat.” nant foreign power. Their appalling the claimed transition to socialism won by a thoroughgoing social revo- led to a fundamental and irrevers- I would suggest that the basic cri- and, in general, deteriorating condi- was spurious where independence lution involving armed struggle was ible change in the relationship of terion is that a revolution always tions generated numerous rebellions was gained without a clear revolu- the power of imperialism and feu- political forces on a world scale. aims at an overthrow of the exist- particularly among the peasants and tionary struggle. dalism destroyed and the basis laid For all the surface stability in the ing social order and of the prevalent urban proletarians, but these efforts The often protracted and care- for a new popular government. centres of advanced capitalism and power structure; whereas all other remained disjointed and were eas- fully staged decolonisation in Africa in the regions under its domina- types of disorder, however they may ily put down until some kind of seems to have ensured that power Ben Turok, who had degrees in engi- tion, for all that the sign “business be called, lack this aspiration to fun- revolutionary movement came into was handed over to an elite which neering, politics and philosophy, as usual” is still displayed in many damental change and simply aim to existence. has since entrenched itself in office; contributed to the writing of parts of the world, there exists the deal a blow at those in authority, or This often took the form of a for example, Kenya and Nigeria. the ANC’s Freedom Charter Mail & Guardian December 13 to 19 2019 29 Comment & Analysis What section 25 means for land reform

constitutional muster. Factors such Constitutional changes as history of acquisition, current use can’t resolve the real and state investment, already con- tained in section 25, might be helpful causes of slow and pointers towards the identification of fraught transformation the classes of land. Although not all land is liable for of property ownership compulsory taking with no compen- sation, the proviso is even narrower. LAND Only those categories of land taken Tembeka Ngcukaitobi for “the purposes of land reform” can be taken for no compensation. constitution, former “Land reform” is not a term of art. Chief Justice Ismail But it is taken generally to refer to Mahomed once wrote, three pillars: land redistribution, res- reflects the soul of a titution of land and land tenure secu- A rity. Recently, some commentators nation. In the case of South Africa, he added, the Consti- have added “land development” as tution records our collective vision, the fourth pillar. Importantly, how- aspirations and reminds us never ever, the amendment does not use to repeat the past. If we accept this, the constitutional phrase of “pub- we should accept the Constitution’s lic interest”. Instead, it reduces the dynamism to meet the evolving scope of public interest by restricting society. Ordinarily the focal area for the application of the “nil compen- constitutional changes are the courts sation” clause to land taken for land as they “develop” the law to reflect reform. If land is needed for other new societal mores. The text of the public interest reasons, just and Constitution is usually the depar- equitable compensation would need ture point, but never the end point. to be paid. The latter is necessarily indetermi- nable — interpreting a law is never inally, the amendment truly the dogmatic application of Flexibility: The people living on the Wild Coast have for years resisted their land being mined for titanium. A returns into the spotlight precedent, but an exercise in imagi- ‘just and equitable’ reading of the law may allow for above market-based compensation. Photo: Paul Botes the rule of law. The central- nation. Fity of courts as arbiters of Of all the 17 constitutional amend- what is implicit” in the Constitution. to finally determine if it should in a of property the implications may disputes in society is entrenched in ments of the past 25 years, none has The weakness in this explanation specific instance be taken with no turn out to be negative. the Constitution. Not only is the law been as controversial as the amend- is self-evident. If the Constitution compensation. The argument in favour of retain- supreme, judicial pronouncements ment to the inaptly named “property allows, implicitly, for the compul- What are the implications of this ing the present formulation has are final and binding on other organs clause” in section 25. For obvious rea- sory expropriation of land without proposed amendment? We should always been founded on the flexibil- of state. The amendment affirms this. sons too. The violent confiscation of compensation, then why amend it draw a distinction between two sepa- ity of the notion of “just and equita- Only a court may decide whether land from Africans by Europeans was instead of enforcing it. Nevertheless, rate acts. The act of expropriation ble”. Particularly, it has been argued compensation is to be paid. A flexible the key feature of colonial conquest. if we accept democratic outcomes, and the decision to compensate the that a compensation regime based standard that is just and equitable The struggle for freedom was driven our representatives will sometimes owner of expropriated property. The on justice and equity factors in his- should still be applicable in cases of by the desire to change the inherent make decisions that are unintelligi- state retains the right to expropri- tory, present use and purpose of the disputes over compensation. Unless unfairness in the property relations ble when subjected to logic, but in ate, but not the power to decide on acquisition. This model may allow legislation further elucidates the created by white settlers. When the the language of politics make perfect compensation. The power to decide for above market-based compensa- content of justice and equity, courts Constitution was negotiated in 1993, sense. whether compensation for expropri- tion, for instance to land holders of will operate from a blank slate. Many the expectation from oppressed The amendment is contained in ated land should be paid or not lies Xolobeni, expropriated to make way will view this as slowing down land Africans was that it would primarily one line, yet carries so much signifi- with the courts, not the government. for mining, while it would contem- reform, because disputes about com- be about altering the unfair property cance. The line is a proviso tucked This has always been the case. The plate for below market value com- pensation are notoriously slow to holdings, particularly land. somewhat uncomfortably in section existing section 25(2)(b) provides pensation to commercial land hold- resolve in courts. Yet the rule of law But the true political dynamic 25(2)(b): “Provided that in accord- that any compensation to be paid ers expropriated to make way for low is a crucial safeguard against the rule of the “transition” resulted in an ance with subsection (4a) a court to a property owner must either be cost housing. By fixing the target of of the strong. unhappy truce. Property relations may, where land and any improve- agreed to “or decided or approved “nil compensation” to land, the con- Another important element of the were not upended at once. The ments thereon is expropriated for by a court”. If we should assume that sequences might set the default of rule of law is absence of wide execu- design was that property relations the purposes of land reform, deter- there will be rarely instances where market-based compensation for all tive discretion. The amendment would change over time, guided by mine that the amount of compensa- property owners agree to part with other categories of property. curtails this by leaving the contours a supreme Constitution interpreted tion is nil.” (Many proponents of the valuable property for no consid- This is a retrogressive step in a con- of the law to the legislature, which and applied by an independent amendments will be disappointed eration, the amendment changes stitutional dispensation whose aim should define three important judiciary. So, if you were white and that the venerated phrase “expropri- nothing insofar as the powers of the is to resolve unfair patterns of prop- aspects: Which land, for what pay- a property owner on April 26 1994, ation without compensation” did not courts are concerned. erty holding. When one takes into ment and for what purpose? Because you remained the owner on April make it into the final draft proposed account that land taken in 1913 has ours is a representative government, 27 1994, despite the “revolution” of text.) he second facet of the since transmogrified into stocks and not only should citizens participate 1994. That remains the case largely What does the proviso mean? amendment is the category other items of value, focusing on land in the constitutional amendment to date. Hence, the criticism that The ultimate justification for the of the property to which it and improvements on it might only process, they should also focus their rather than reversing colonialism, T scratch the surface of property rela- attention on the subsidiary legisla- amendment was to “make explicit applies. The amendment is the Constitution has cemented it. the implicit”, but does it? On the limited to “land” and “improvements tions, leaving the property regime tion as much will turn on its content. most sensible reading, the pro- on land”. Plainly, it excludes other unchanged. Bearing in mind the emotional, he Constitution is the wrong posed section means that a court forms of property, such as stocks, There is a further definitional intellectual and financial invest- target. Post-liberation may determine that in a particu- pensions, cash and credit. In limit- question: What precisely is land, ment that has gone into the project politics have failed the lar case, land or improvements on ing the class of properties to land, or improvements on land? It is not of “expropriation without compen- TConstitution. Legal con- hard to conceive of disputes about sation”, was the exercise worth it? land may be expropriated with no the amendment follows the propos- straints to governmental power are compensation. But when will this als of the ANC at its December 2017 whether the business of farming is an In one sense, yes. It brought home necessary. What has slowed down be the case? How does an owner of Nasrec elective conference and the “improvement on land” or whether the reality that land reform must transformation of property relations land know that their land is liable resolution of Parliament, adopted in a structure, such as a house, is an be anchored in the rule of law. And are the design flaws, inefficiencies to be taken with no compensation? February 2018 prior to the national improvement on land. Perhaps, these many now appear to accept this as of the land administration system, These questions are not answered consultative hearings on the neces- will be contained in national legisla- true. But in another sense, no. The endemic corruption and misap- in the proviso, but in another sity for the amendment. (It is nota- tion, or to be decided by courts, by true challenge of land reform still plication of the Constitution, par- proposed amendment, in subsec- ble that the Zimbabwe constitution reference to the common law. lies in the combination of weak and ticularly the slavish adherence to tion 4a, which enables national leg- favours an even narrower category of Another feature of the amendment dysfunctional institutional struc- market-driven compensation mod- islation to be passed to set out these “agricultural land” for no compensa- is the role of national legislation. Not tures, corrupt officials, greedy land els. For its part, the Constitution instances. tion.) Many will view this in a posi- all land will be liable to compulsory owners, absence of a people-centred is necessarily open-ended and There are further ambiguities. tive light. Yet by excising from the acquisition with no compensation. ethics in the political class and fail- transformative. Assuming that land falls within the scope of the amendment other forms Only those categories identified in ures of the legislature to translate Prevailing political consensus, category identified in national legis- national legislation. The framework the Constitution into tangible laws. right now, is that section 25 should lation for expropriation with no com- of section 25 is premised on the idea It is by refocusing the debate to these be amended to allow for expropria- pensation, how will a court deter- of “striking a balance” between the known challenges that land reform tion of land without compensation mine if it should be taken with no Only those categories interests of the land owners and can be meaningful. And no constitu- — although the justification appears compensation? The answer to this, of land taken for those without land. National leg- tional amendment can resolve this to have shifted. We were initially perhaps lies in the old formulation of islation, however, may tip the bal- challenge. told that an amendment is necessary “justice and equity”. So if land falls in “the purposes of ance, where justifiable. But it would because section 25 is a constraint a category identified by national leg- land reform” can be arbitrary to identify a particular Advocate Tembeka Ngcukaitobi to transformation of property rela- islation for compulsory taking with piece of ground for expropriation for is the author of The Land Is Ours: tions. Now it is said that an amend- no compensation, a court must apply be taken for no no compensation. Only the identifi- South Africa’s First Black Lawyers ment is necessary to “make explicit the formula of justice and equity compensation cation of general categories will pass and the Birth of the Constitution 30 Mail & Guardian December 13 to 19 2019 Comment & Analysis Striking the balance in the justice system

Correcting offenders, while respecting their dignity, is vital to our constitutional democracy

JUSTICE this constitutional ideal, our pro- Ronald Lamola cesses must be grounded on mutual respect for, and mutual commitment eep in the bowels of to, one another. It is for this reason the Eastern Cape in the that we have shifted from the con- Crime, punishment and recuperation: Ronald Lamola (above), the newish minister of two departments community of Bhityi, cept of “prisons”, where people are merged into one, justice and correctional services, recently visited prisons in the country (below) to assess I stood among a cav- kept purely to be punished, to “cor- how rehabilitation programmes are functioning. Photos: David Harrison/The Union Dalcade of officials and rectional facilities” where people are dignitaries as we officially opened a rehabilitated and their behaviour is magistrate’s court. While hustling corrected. along to address the crowd, a young This is not a purely cosmetic shift boy of primary school age, cast his — it is a paradigm shift. In a consti- eyes on the court and shouted: “Jus- tutional society, we need not merely tice!” keep individuals out of circula- I cannot explain which chords in tion or bluntly enforce punishment my heart were struck, but I took so meted out by the courts. We have a much solace in the fact that such a responsibility to correct the offend- young man would experience the ing behaviour in a secure, safe and manifestation of the Constitution humane environment and effect through that court. maximum rehabilitation as far as One cannot overemphasise the possible, to avoid recidivism. importance of a well-functioning Rehabilitation should be seen as a criminal justice system. It not only societal undertaking which incorpo- fights crime effectively, but also rates and encourages social respon- ensures that those who do offend, do sibility, social justice, the inculcation not re-offend. It allows for rehabilita- of democratic values and empower- tion and social reintegration. ing people with life skills so as to ena- Since being appointed as minister ble them to productively contribute of justice and correctional services, I to their communities and to make have come to appreciate the impor- South Africa a better place to live in. tance of integrating the work of two As the ministry, we are analys- departments: the department of jus- ing the rehabilitation programmes tice and constitutional development we have at our disposal. In line and the department of correctional with the spirit of “thuma mina” and services. “khawuleza” of the sixth administra- Correcting offenders is a non- tion, partnerships with the private negotiable element of justice in our sector and citizens are essential to constitutional democracy. In many ensure that our facilities function to ways, this integration lies at the core the benefit of society. of delivering a criminal justice sys- tem that is well co-ordinated and Who are the offenders? lack of access to land and decades offenders who are incarcerated after they are released, either after finish- effective. There is an important question, of second-class service delivery have resorting to shoplifting as a means of ing their sentences or on parole, they The challenge lies in striking the which I have sought to understand: had a direct effect on the levels of survival. If they had the money to pay try to make an honest living but this fine constitutional balance between “Who are South Africa’s offenders?” poverty and inequality that we still a fine, however small the fine, they stigmatisation often leads to their the pursuit of justice and holding It is an uncontested fact that our see today. Poverty, inequality and would not be incarcerated. There are economic exclusion. those who have committed crimes facilities are overcrowded, and this unemployment have, in turn, created also young men in our correctional If they are then left out of the job responsible for their actions, without does hamper security and rehabilita- conducive grounds for increases in facilities whose crimes were influ- market or face further economic undermining their dignity. tive programmes. In the past couple crime, the growth of criminal syndi- enced by moral disorder in their com- exclusion, it has the potential to Human dignity goes to the heart of months, I have been to several cor- cates and gangs. munities. They too cannot afford to undermine the integrated and com- of our constitutional democracy. In rectional facilities in announced and This is further compounded by the pay either bail or fines. prehensive approach of fighting other words, ubuntu or botho is cen- unannounced visits and I will con- historic and systematic marginalisa- All offenders should be held against crime as they are then likely tral even in the pursuit of justice. In tinue to do so. tion of our youth and the inability of responsible and accountable for to resort to crime for economic sur- the matter of Dikoko vs Mokhatla, In my interactions with offenders, the economy to absorb young people their actions and there must be con- vival. We, therefore, need to work Justice Albie Sachs calls ubuntu young men and women (and their into the job market. It is also evident sequences for the crimes they have together, with our communities, intrinsic to our constitutional cul- children), a clear image has crystal- that gender inequality, which mani- committed. In appropriate circum- with businesses and entrepreneurs ture and he points out ubuntu as an lised: the effects of South Africa’s fests itself in the form of power rela- stances, restorative justice measures and play an active role in reintegrat- international standard of restorative violent history is still with us today. tions between men and women and can be applied. ing offenders back into society and justice. The high levels of violence we see in patriarchal beliefs, contributes to It is so easy (and populist) to argue avoiding the stigmatisation of reha- He writes: “Ubuntu — botho, is our communities, especially those high levels of violence perpetrated “lock them up and throw away the bilitated offenders. highly consonant with rapidly evolv- that bore the brunt of colonialism against women. key”. It is a lot more difficult to speak As much as our criminal justice ing international notions of restora- and apartheid, cannot be delinked Many of our correctional facilities of rehabilitation. system needs to respond decisively tive justice. Deeply rooted in our from the high levels of crime and are filled with women who have retal- If sentenced to a term in a cor- and substantially to victims of crime society, it links up with world-wide violence we see today. Our painful iated against the violence meted out rectional facility, people must be and hold offenders to account, it striving to develop restorative sys- past has dehumanised many people. to them by their partners. There are given a second chance, through also has to consider the dignity and tems of justice based on reparative Violence has become the default pro- a large number of women and young rehabilitation and social reintegra- personal circumstances of incarcer- rather than purely punitive princi- cess for conflict resolution, not only tion programmes, to correct their ated people — especially those who ples. The key elements of restora- in broader society, but in our homes, offending behaviour. They need to come from communities that have tive justice have been identified as our schools and public life. As if that further their education while incar- borne the brunt of abject poverty encounter, reparation, reintegration is not complex enough, we have an Rehabilitation should cerated and acquire life skills to and violence — and their rehabilita- and participation.” added dimension of centuries of be seen as a societal become productive citizens who, on tion and reintegration into society In essence, what we should be patriarchy and toxic masculinity their release, make a positive con- must be a priority. able to illustrate in our 25th year of and one finds a continuous spiral of undertaking which tribution and so pay back to their It is a delicate balance that our democracy is that our correctional violence. incorporates and communities. criminal justice system has to strike. facilities are capable of rehabilitat- Further added to that is the effect For many offenders, their lives are ing and reintegrating offenders back of the deliberate underdevelopment encourages social often stymied by the stigma associ- Ronald Lamola is the minister of into their communities. To achieve of black people. Forced removals, responsibility ated with their criminal past. When justice and correctional services Mail & Guardian December 13 to 19 2019 31 Comment & Analysis Human development is under threat

capital to batten itself on cheap Achieving significant labour in the global South, it has progress means we are also privatised public services and restricted social provisioning by the going to have to ditch state. Although this has thrown up neoliberal capitalism new markets in which profits can be made, it has also made purchasing SOCIETY power, rather than social citizenship, Alf Gunvald Nilsen the defining prerequisite for access to the kind of health care and educa- e are nearing the tion the UNDP regards as necessary end of a turbulent for human development. decade marked by In contrast to social citizenship, large-scale waves purchasing power is neither univer- W sal nor unconditional. What’s more, of popular protest. This also leaves its imprint on the it is undermined as a result of the 2019 Human Development Report, increasing inequalities of income which was published by the United and wealth that have accompanied Nations Development Programme the consolidation of neoliberalism. (UNDP) earlier this week. “The wave of demonstrations nd here we arrive at the sweeping across countries is a clear main shortcoming of the sign, that for all our progress, some- AHuman Development thing in our globalised society is Report and the UN not working,” writes the UNDP’s development agenda more gener- Achim Steiner in his foreword to the ally, which is that it consistently report. fails to admit the systemic nature of According to Steiner, the connect- the problems that it calls our atten- ing thread that runs between the tion to. In this year’s report, this is eruptions taking place in countries evident in Achim Steiner’s open- and cities across the North-South ing claim that “something in our axis of the world is woven of “deep Unequal, unfair: Surgeons in Paris operate on a patient in a high-tech theatre (above) but a market trader globalised society is not working”. and rising frustrations with inequali- selling tea and spices in Mombasa, Kenya, could not afford such treatment and the country’s health system In making this statement, Steiner ties”. He is right — and it is this sce- could not deliver this high level of healthcare. Photos: Gerard Julien/AFP & Luis Tato/Bloomberg/Getty Images is effectively papering over the fact nario that provides the report with that our globalised society is working its rationale, namely to propose an very well for some privileged elites innovative diagnosis of and remedy — for example, the 1% of the world’s for 21st-century inequality. This is a population that, according to Credit laudable ambition, but one that the Suisse, holds 47% of global wealth — UNDP’s report ultimately fails to and that it has been deliberately con- deliver on. It is important that we structed by specific social forces to do understand the hows and whys of precisely this. this failure. As the philosopher Juan Telleria At the core of the report is the has argued, this is a result of how claim that, to truly understand ine- the UNDP imagines societies as quality in the 21st century, it is neces- essentially peaceful and harmoni- sary to move beyond a single-minded ous wholes, populated by people focus on income. Inequality, the who share common interests, rather UNDP proposes, must be understood than as conflictual entities held in terms of how it affects health, together by asymmetrical power education, dignity and respect for relations that allow some interests human rights — and these cannot to systematically trump others. be reduced exclusively to economic Accordingly, the difficulties that we metrics. confront — whether it is poverty, “A human development approach hunger or disease — tend to be por- to inequality takes a people-centred trayed as abstract ills, rather than view,” the report states. “It is about as the consequences of systemic people’s capabilities to exercise their contradictions. freedoms to be and do what they And, finally, the solutions that are aspire to in life.” offered are presented as choices to Adopting this people-centred view, be made at the intersection of shared the UNDP calls our attention to a moral concerns and neutral exper- new pattern that defines inequality tise and that will benefit everyone, in our time. rather than as struggles that have On the one hand, there is conver- to be waged and won against vested gence in basic capabilities, which interests. means that more people, especially But there are good reasons to glitch that can be easily rectified. On that the persistence of poverty along- True to this template, the Human in low-income countries, are able to question this narrative and the way the contrary, it is one of the central side growth reveals the systemic lim- Development Report, while pay- ensure early childhood survival and in which it reads the current global pillars of the neoliberal economic its to human development that pre- ing lip service to the importance access to primary education. On the development scenario. This becomes order that has been constructed by vail under this economic order. of social movements and caution- other hand, there is divergence in particularly clear if we compare the powerful social forces since the late A similar argument can be made ing against the concentration of enhanced capabilities, which means UNDP’s message to that regularly 1970s, in which global value chains in terms of the scenario that is at the power and state capture, concludes that rich countries are moving ahead touted by the World Bank. Only enable transnational corporations heart of the Human Development by asserting that we can make the in terms of more advanced indica- 10% of the world’s population lives to boost their profits by tapping Report. The discrepancy between choice to bring about human devel- tors, such as access to high-quality in extreme poverty, the bank tells into vast reserves of cheap labour improvements in basic capabili- opment in a sustainable way — health and education across all us — and this is the lowest poverty from Asia, Latin America and Africa. ties and deepening inequalities and that this choice will have to be levels. rate ever recorded in human history. Consequently, there is every reason in enhanced capabilities is less an made according to pragmatic views In other words, there has been But when we consider that extreme to believe that this scenario is the indicator of gradual but incomplete of what will work best in specific substantial progress in ensuring the poverty is estimated in terms of liv- best that global capitalism has to progress than it is a symptom of the national contexts. basic needs for the majority of the ing on less than $1.90 (about R28) a offer the majority of humanity, and same systemic limits that are evident The fact of the matter is rather dif- world’s population. Accordingly, the day, the message immediately loses in the intertwined coexistence of ferent — it is that achieving human task that remains is that of distrib- much of its hopeful sheen. poverty and growth. development is dependent on break- uting enhanced capabilities more If we probe even deeper, we find As the UNDP states in its report, ing with global capitalism, and doing evenly and fairly by implementing what the economist Andy Sumner securing improved enhanced capa- so against the determined opposition appropriate policies. This fits well calls a new geography of poverty, in This new geography of bilities for all requires, among other of those that profit from this system. with the overall narrative that has which there are fewer low-income things, universal systems that pro- If we fail to acknowledge this in our been at the heart of the UN agenda countries, but still many poor peo- poverty ... is one of the vide equal access to comprehensive debates about human development, since the announcement of the mil- ple, and the majority of these people central pillars of the social services and specific policies we betray those who most acutely lennium development goals and — 70% when estimated at a poverty to eliminate group-based discrimina- suffer the systemic pathologies of after that the sustainable develop- line set at $2.50 a day — live in mid- neoliberal economic tion. But it is difficult to understand persistent poverty and deepening ment goals — namely that while dle-income countries such as India, order that has been how this can be achieved within the inequality. humanity faces daunting problems, Brazil, and South Africa. constructed by parameters of a neoliberal economic progress is not only possible, it has This new geography of poverty is order. Alf Gunvald Nilsen is professor been made and it continues to be not a temporary condition that will powerful social forces After all, at the same time as this of sociology at the University of made. soon be overcome or an incidental since the late 1970s order has enabled transnational Pretoria 32 Mail & Guardian December 13 to 19 2019 Education Complex debate on UCT’s Israel boycott

Invoking senate rules on delibera- But still no clarity after tions, the chairperson gave the two motions in the senate, proposers fi ve minutes each to pre- sent, while two and a half minutes council and academic were allocated to all other contribu- freedom committee tions to the debate. Only one mem- ber opposed to the rescind motion COMMENT protested the time allocated for Elelwani Ramugondo counter-arguments. The chairperson agreed to aff ord this senate member ince the tabling of the Pal- five minutes to speak. In total, the estine Solidarity Forum two proposers and seven proponents (PSF) proposal on the aca- to the rescind motion were allowed demic boycott of Israeli 27.5 minutes to speak altogether, Sinstitutions with the aca- while fi ve members opposed to the demic freedom committee at the motion were effectively allowed a University of Cape Town (UCT) on total of 15 minutes. June 14 2017, there has been much I was one of five members of written in the media space about the the senate who offered a counter- ensuing debate. Many of the reports argument to the rescind motion. I contained factual inaccuracies. had prepared three points to argue Missing in these reports has been against the motion but could hardly an account of circumstances under get through the fi rst point before I which decisions were made at UCT, was cut off . The fi rst point I wished the decisions made, and which argu- to make was later raised by a sen- ments were put forward to sway the ior health sciences professor, and house one way or the other. further supported by another sen- Given the complexity of the issues ior humanities professor. The point surfaced through the PSF proposal, related to the rescind motion being the matter stayed on the academic premature because no new infor- freedom committee’s agenda over mation had been provided to the several meetings. Both the PSF and senate. the South African Union of Jewish My second point was to remind the Students (SAUJS) were afforded senate that even as UCT often com- an opportunity to present to the mends itself for its role in resisting committee. apartheid, its history proves other- Committee members were also wise even in post-1994 South Africa. sent documents from various bodies There are many instances in this (both local and international) either regard, but the Mafeje Aff air stands in support of or opposed to the pro- out. posed boycott. After considering the If anything, the back-and-forth substantive issues raised in the PSF debate regarding Israeli academic submission and concerns raised by institutions tells us that these formal SAUJS and others, the committee relations are not benign. They tell the summarised three principles as core world who UCT’s friends are, and to to the argument for or against the whom the university is aligned in proposed boycott: terms of values. • Any action envisaged should tar- The third point I wished to make get specifi cally those elements of the was about the claim that the March Graphic: JOHN McCANN Israeli academic institutions that are senate resolution infringed on indi- in violation of international law; vidual rights for students and aca- • Academic freedom is substan- • Reaffi rm its commitment to sup- seriously violated [the Fourth Geneva The rescind motion, tabled jointly demics to move freely between South tively preserved; and porting the rights and freedoms of Convention of 1949] by colonising by two professors, one from law Africa and Israel. • The course of action should not all people as universally recognised the West Bank and East Jerusalem and the other from health sciences, There is no truth to this claim. In violate any South African constitu- under international law; with a settlement enterprise of some acknowledged that there was no fact, what has occurred since 2014 tional rights. • Condemn any acts that violate 700 000 people, which, in the words impediment in law to UCT’s senate until now at UCT, as a result of the After several iterations in the com- those rights and freedoms; of Israeli scholar Aeyal Gross, has ‘led taking a stance on matters of aca- silence regarding formal relations mittee, a resolution was prepared • Condemn the atrocities and to the dispossession of Palestinians demic freedom, but, equally, sen- with Israeli academic institutions, is and tabled with the senate. human rights violations perpe- and to discrimination against them, ate was under no legal obligation to a de facto boycott. The committee’s resolution was trated in the Occupied Palestinian and are emblematic of Israel’s breach take a position “in relation to rela- My anecdotal evidence, contrary discussed at the senate meeting of 15 Territories and elsewhere in the of trust entailed in the normative tionships on academic matters with to evidence presented by the sec- March this year and endorsed with world; regime of occupation’.” He further any individual academic, academic ond proposer of the rescind motion, minor editorial changes. The March • Call on all academics and aca- opined that “the University of Cape group, or academic institution, no is that the senate March resolution resolution of senate was: “UCT will demic institutions to support this Town would be acting in accordance matter where in the world it is situ- had begun to lift this de facto boy- not enter into any formal relation- resolution; and with South African law if it were ated or operates”. cott. The recent resumption of a stu- ships with Israeli academic insti- • Reaffi rm UCT’s commitment to to take a decision to uphold South While recognising that Israel’s con- dent exchange programme involving tutions operating in the Occupied academic freedom but reserve the Africa’s international obligations and tinued occupation of the Palestinian the Weizmann Institute is a case in Palestinian Territories as well as right to dissociate itself from those the Bill of Rights in its relations with Territories was indefensible, a clear point. other Israeli academic institutions academics and academic institu- universities in a country that egre- violation of international law, rep- Now that the senate has rescinded enabling gross human rights viola- tions that support (directly or indi- giously violates human rights”. resents a gross violation of human this motion and did so without tions in the occupied Palestinian rectly) the violation of human rights Several factors played a role in the rights and justifi es public condem- allowing itself to read the two pend- territories.” and enable the violation of human senate’s rescission of its own motion nation, the proposers of the motion ing reports that the UCT council had This resolution was submitted to rights. on November 22: the rescind motion urged “academics at UCT to engage tasked the university executive to the council on March 30. Contrary to On November 22 the senate itself, anecdotal evidence on the neg- with and support those academic col- prepare and present, only time will what has been inaccurately reported rescinded its March 15 resolution ative eff ect of the March senate reso- leagues who have spoken out against tell what the council will do with its in some media reports, the council before the reports as instructed by lution on research collaborations, unlawful occupations and gross own separate resolution of March 30. did not reject this senate resolu- the council were tabled before itself and the way the senate meeting was human rights violations wherever It is also possible that some mem- tion. Instead, it elected not to adopt or the council. The rescind motion chaired. they have occurred …” bers of senate may feel that strict the resolution. It was the view of was a second attempt after two In addition, the second proposer adherence to time allocated to speak- council that several issues required motions aimed at rescission were from health sciences, whose research ers silenced important voices needed clarifi cation, including a full assess- withdrawn at the last minute at a is primarily in biomedical sciences for this complex debate. ment of the fi nancial impact of the previous meeting. The withdrawal “Israel has seriously and involves tuberculosis vaccine resolution, and that a more consul- was as a result of a legal opinion violated [the Fourth innovation, gave accounts of two Professor Elelwani Ramugondo is tative process was necessary before penned by John Dugard, an ad-hoc examples where the March sen- chairperson of the academic free- the matter could be considered any judge at the International Court of Geneva Convention ate resolution has already placed dom committee at UCT, a member of further. Justice in the Hague and emeritus of 1949] by colonising research collaborations with Israeli its senate and council, and interim The council also, and separately, professor of public international law academic institutions operating in the West Bank and deputy dean for postgraduate edu- elected to formulate its own state- at Leiden University. the occupied Palestinian territories cation in the health sciences faculty. ment, and resolved to: Dugard confi rmed that “Israel has East Jerusalem” at potential risk. She writes in her personal capacity Mail & Guardian December 13 to 19 2019 33

‘White fragility’ is damaging SA universities

Academics at a recent meeting called for white liberals to acknowledge they ‘are the problem’

Mark Paterson faced: “[When I am teaching], I tell people what to read — I don’t assume hiteness” is that you know more because of your Graphic: JOHN McCANN threatening melanin defi ciency.” transforma- Undermining by academics, who tion and the “continually question my ideas” issues of personal relations posed bisexual, transgender, asexual and Expanding the point, Gerwel said: ‘Wacademic also posed a problem, said Gerwel, the most signifi cant challenge, said queer (LGBTIAQ+) people came “Cape Town residents are removed project at the country’s universities, although, he also noted that “we Gerwel, who identified a threat under particular scrutiny for their from the reality of the rest of Africa.” a recent public meeting convened make too much of [individual] to the relevance of the academic role in this. “White women use femi- But the meeting was also viewed by the Cape Peninsula University of agency when considering racism”. project. nism as a way of not looking at their as a sign of changing times by Edwin Technology (CPUT) and the Univer- DiAngelo identifi ed the problem as “A change in world view” was racism,” said DiAngelo. Cleophas, the managing director of sity of the Western Cape (UWC) was one of “white fragility”, which is the required, he said, noting the failure McLean talked of how LGBTIAQ+ the Social Justice Agency, who talked told. title of a best-selling self-help book of the “scientifi c” approach to clas- people also “protect themselves from of “entering a new phase. Research Singling out white liberals as the that she wrote on the topic last year. sical economics to take account of challenging their own racism” and has shown that we cannot maintain ones “doing the most daily harm to “White fragility is a kind of bully- lived realities, particularly in the the meeting heard how the idea of the status quo. Twenty-fi ve years of people of colour”, Robin DiAngelo, ing,” she said. “We make you [black South African context in which “class “intersectionality”, which consid- talking is enough, now we are mov- a white academic from the United people] miserable if you talk to us and race is the same”. ers how diff erent forms of prejudice ing to action.” States, said that much equity work about racism. Race was also seen as shaping how interlink and amplify each other, One member of the audience called was being stalled by white people “Anti-blackness is a universal institutional spaces at universities had become politicised and used for violent retaliation as the best way who refused to acknowledge their phenomenon,” she said, which is were experienced. Even the meeting against black people. of dealing with racism. In response, own prejudices. “not interrupted by smiling or good on white fragility itself, which was The notion of assimilation was the moderator of the meeting, Asanda “I am all for equity teams, but intentions – the idea that ‘nice peo- held at UWC, was viewed through placed in the context of a history of Ngoasheng, an independent politi- some of the most gatekeeping ple can’t be racist’. All white people this lens. One black audience mem- violent oppression of black people, cal analyst and diversity expert, said: [types of] white people are in this internalise superiority.” ber said: “This is a majority black including through slavery and under “We are not in South Africa unless work,” she told the public discus- So, the challenge for white people space — I was crying here. But at the colonialism and apartheid. “To say we invoke violence. South Africa was sion, which was co-hosted by CPUT’s is to “fi gure out how, not if, we have University of Cape Town, which is a to black people, ‘Get over it’ is the built with violence. So, the question Transformation, Diversity and Social been shaped by these forces” and to white space, white people said noth- cruellest thing imaginable,” said is: What kind of structural violence Cohesion Unit. acknowledge that their place on the ing in the Q&A.” DiAngelo. can we respond with when we are The continuing prevalence of rac- “continuum [of racism] should be The concern was tackled by Tumi Gerwel reinforced the point from confronted with structural violence?” ism at universities was also under- determined by people of colour”. Jonas-Mpofu, a post-graduate stu- a political perspective: “Liberalism For Ceophas, one response would mining the respect due to black Nyx McLean, a lecturer and dent at Stellenbosch University. “You is ‘kak’. You cannot be a liberal in a be greater involvement by white academics from the student cohort researcher at CPUT, recounted how a can take two white people and that society that is inherently unequal,” South Africans on the issue. “I say and their peers, according to Hein senior academic had queried an argu- space can still be white [although the he said. ‘thank you’ to white people for show- Gerwel, a researcher at Stellenbosch ment in their doctoral thesis indicat- rest of those present are black]. Black The obstructiveness of white gate- ing up. He urged them to “speak up University. ing the complicity of white people people are supposed to assimilate to keeping liberals at universities was on public platforms, acknowledging Recounting an incident at a lec- in racism in general. The examiner’s white people, but not the other way also placed in the context of the con- ‘we are the problem’.” ture that he was about to hold, when query was accompanied by a note around,” she said. tinuing isolation and denialism of a white student told him to “just get at the end of the report: “I am sure McLean said: “Whiteness protects white people in South African soci- Mark Paterson is a communica- away [from the front of the room], the student will put this down to me itself under the banner of the rain- ety. “Cradle to grave, most white peo- tions consultant for a number of the lecturer is coming”, Gerwel made being a straight white woman.” bow nation.” ple live in segregation with no sense nongovernmental, government light of the prejudice that he has Structural racism rather than White women and lesbian, gay, of loss,” said DiAngelo. and academic organisations

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www.nb.co.za Follow us on social media @NBPublishers @NBPublishers @nbpublishers Available at all good bookstores 36 Mail & Guardian December 13 to 19 2019 BCM Sponsored Feature Buffalo City ready for festivities

Ariel view of Christmas lights.

Idols winner Luyolo Yiba performing at the Switching of lights. Gonubie beach.

The calendar is full of events that will keep holidaymakers entertained

Siphe Macanda lights to brighten up your town. The City will host an array of events such “We will dance and celebrate from now as Berlin November, Mdantsane Summer he Eastern Cape province’s “Capi- until 31 December here in Buffalo City. We Reunion, Countdown Music Festival, tal of Fun” — the Buffalo City Met- thank King William’s Town citizens for sup- Endless Summer, Block Party and the ropolitan Municipality (BCMM) porting your municipality in 2019. We now much loved Buyel’khaya Pan African Music — kicked-off the festive season in want to enter 2020 as a collective. We want Festival. T Ngwenya has called on families, residents, style when it officially switched on to also encourage that we all be responsible its festive and Christmas lights on November in our festive season celebrations,” Pakati tourists and all holidaymakers to go and 29 and December 1. said. attend the events and festivities during the The skies of the favourite tourist destina- BCMM spokesman Samkelo Ngwenya said festive season. “We are ready logistically as tion were lit up during the two days that ush- that the switching on of the Christmas lights the city. The venues are also ready. We had a ered in what promises to be one of the best symbolises the celebration of Christmas meeting with the security cluster where they festive seasons in the country. holidays. “When the sun sets the executive presented us with an update, so we are defi- BCMM executive mayor Xola Pakati mayor Xola Pakati officially turns the col- nitely ready for the summer season.” switched on the first festive lights in King ourful Christmas-themed lights depicting Scores of crowd-pullers, some of them William’s Town on November 29 at the some of the city’s history,” Ngwenya said. international such as Rick Ross, national BUFFALO CITY Botanical Gardens, just a stone’s throw away As part of responsible celebrations, prior and local entertainment heavyweights will METROPOLITAN MUNICIPALITY from the province’s capital Bhisho. to the switching on of the lights Ngwenya take to the stage to entertain tens of thou- Thousands of excited residents, mainly the called on residents to keep their pets indoors sands of people who will attend the events. youth, descended on the beautiful gardens. as the festivities included a beautiful dis- Pakati said that sport tourism was good for The evening began overcast but eventually play of fireworks. “While the city wants to the city and local business. Ngwenya added the clouds parted and the crowd was enter- make sure that the safety of pets is not com- that the city, its citizens and businesses tained from 4pm until 10pm. promised, the metro has equally planned to were excited about the events that would Pakati told the crowd that the event was keep residents and holiday makers equally take place in the metro during the summer hosted by the municipality in the spirit of safe during the festive season,” he said. season. Christmas, and also to usher in the festive On top of safety, Ngwenya also promised “Buffalo City Metro will be safe this season, season: “We are here to entertain you as our that the festive season in BCMM would be so people should visit us in their numbers citizens, we are launching the festive season fun-filled, with family-friendly events being and come and have a great time,” Ngwenya today with the switching on of the Christmas the order of the day. said. Mail & Guardian December 13 to 19 2019 37 & Mail Guardianwww.mg.co.za To advertise in this section please contact: Vanessa 011 250 7450 Ilizma 063 026 7450 Careers Elsie 011 250 7580 Lesedi 011 250 7430

Academic Jobs

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HUMAN RESOURCES DIRECTORATE DIRECTOR: EMPLOYEE RELATIONS (AD05) To provide strategic leadership and management of the employee and labour relations function at the University. Candidates should hold a postgraduate degree (ideally a Master’s) in a related ÀHOGSOXV\HDUV·VSHFLDOLVWPDQDJHPHQWH[SHULHQFHLQHPSOR\HHDQGODERXUUHODWLRQVDVZHOO DVH[SHUWNQRZOHGJHRIDOOUHOHYDQWOHJLVODWLRQ Full details no this position can be found on iRecruitment (the University’s careers website). Please apply via iRecruitment: https://irec.wits.ac.za Closing date: 20 December 2019

The University is committed to employment equity. Preference may be given to appointable applicants from the under-represented designated groups in terms of the relevant employment equity plans and policies of the University. The University reserves the right to verify all information provided by candidates and to verify credit standing. Please note that correspondence will only be entered into with short-listed candidates. The University reserves the right not to make an appointment or to re-advertise.

Human Communications 149232 38 Mail & Guardian December 13 to 19 2019 Academic Jobs & Jobs

   

                                 !  ! "        "  "    #$     !  ! !             !    # CALL FOR EXPRESSION OF INTEREST (EOI) FOR TRANSACTION                     ADVISORY SERVICES FOR A                     !"      #$  PUBLIC PRIVATE PARTNERSHIP (PPP) PROJECT                      FOR THE UNIVERSITY OF BOTSWANA STUDENT RESIDENCES                        (UB/EOI 2019/2020-1)                 Background: The University of Botswana invites reputable local and international companies  ! "  #             to submit an Expression of Interest (EOI) For Transaction Advisory Services for a Public Private   "                         Partnership (PPP) Project for the University Of Botswana Student Residences. The University     "     $     %                             VHHNVWKHVHUYLFHVRIDVXLWDEO\TXDOL¿HGDQGH[SHULHQFHG7UDQVDFWLRQ$GYLVRU 7$ LQWHUPVRI          $            &#  the Public-Private Partnership Policy and Implementation Framework of 2009, for a Feasibility   !    $          '         Study and PPP procurement documentation including the draft PPP agreement for the Proposed     (  )                     Student Residences Project on a SUCCESS FEE basis; with agreed refundable Disbursements               !          by the University of Botswana.        &#    "   '   Collection of EOI document: The EOI Documents are strictly obtainable upon RECEIPT OF    )        *+    payment of a non-refundable fee of P500.00 (VAT inclusive), payable through any of the    #   " ,            %    following methods;                       &#  (i) $WWKH8QLYHUVLW\RI%RWVZDQD0DLQ&DVK2I¿FH*URXQG)ORRU$GPLQLVWUDWLRQ%ORFN         "              108, Main Campus, Gaborone      &#   "               "              "          (ii) Electronic Funds Transfer (EFT)   #   !-'  " "   "      (iii) Online Payment  ""   $      "       # "   (iv) Direct Deposit into University’s Bank Account         #   BANK DETAILS:           Account Name: University Of Botswana Bank Name: Standard Chartered Bank Botswana       !   "  #   # #  Bank Postal Address: P O Box 1529, Gaborone   $ #%   & '           Account Number: 0100110109600        .                    Branch Name: Mall Branch !/    ( #%%) Branch Code: 662167     %          &  %      Swift Code: SCHBBWGXXXX All Payments must bear the Reference: UB/EOI 2019/2020-1 and company name 7KH(2,GRFXPHQWLVFROOHFWDEOH XSRQSURRIRISD\PHQW IURPWKH2I¿FHRIWKH'HSXW\'LUHFWRU %XVLQHVV6HUYLFHVDW%XVLQHVV6HUYLFHV%ORFN ,QVLGH8QLYHUVLW\0DLQWHQDQFH

The deadline for Submission of EOI responses is 17th January 2020 at 1200hrs (noon) CAT. #/20/2!4%ȩ3%26)#%3ȩsȩ).&/2-!4)/.ȩ3934%-3ȩ!.$ȩ4%#(./,/'9 11415M&G -!.!'%2ȩ%20ȩ3500/24ȩ#%.42% 4#/%ȩ3!,!29ȩ#/--%.#).'ȩ&2/-ȩ2ȩȩȩ0%2ȩ!..5-ȩsȩ2%&ȩ#3ȩ

The City of Cape Town is offering an exciting opportunity to manage our ERP Support Centre and contribute toward taking our Information Technology forward.

Requirements: sȩ!ȩMINIMUMȩOFȩAȩ"4ECH"ACHELORSȩDEGREEȩWITHȩAȩFOCUSȩONȩ)NFORMATIONȩ4ECHNOLOGYȩCOUPLEDȩWITHȩ MANAGEMENTȩEXPERIENCEȩATȩAȩSENIORȩLEVELȩsȩ%XTENSIVEȩ%20ȩEXPERIENCEȩANDȩATȩLEASTȩȩYEARSȩBUSINESSȩEXPERIENCEȩ sȩ%XPERIENCEȩINȩ3!0ȩWOULDȩBEȩADVANTAGEOUS

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www.ursonline.co.za www.ursonline.co.za Mail & Guardian December 13 to 19 2019 39 Academic Jobs & Classifieds

Legal Notices AND: LPC DYNAMIC (PTY) LTD WHAT IS HAPPENING AT VUT? IN THE HIGH COURT TO Where physical OF ZIMBABWE CASE address is unknown to NO. HC 9655/2019 the plaintiff but carry HELD AT HARARE on their business in In the matter between: South Africa. ______GEC ZIMBABWE (PRIVATE) LIMITED Kennisgewing ten PLAINTIFF opsigte van ‘n li- AND sensie-aansoek in- LPC DYNAMIC (PTY) gevolge die Wet op LTD Petroleumprodukte, DEFENDANT 1977 (Wet Nr 120 Promoting Ex cellence in Teaching and Learning (Where present van 1977) address of service is Hierdie kennisgewing not known dien om partye in te to the Plaintiff ) lig wat belangstel of African Languages Development Unit SUMMONS geraak sal word deur To the Defendant 3D PETROLEUM (PTY) named above: LTD. hierna verwys as ‘die aansoeker’, By Dr. Pauline Machika (Executive Director: CAD), Mr. Jacob Thamaga The Plaintiff’s claim is het ‘n aansoek om against the defendant ‘n GROOTSKAP- (Language Practitioner) and Mrs. Tebogo Mathebula (Language Practitioner) for: lisensie ingedien, a) Judgement in aansoek nommer D / The African Languages Development Unit was recently launched by the Centre for the sum of ZAR 2019/12/11/0001 909,186,69 being 22 MAGWA CRES- Academic Development of Vaal University of Technology in 2017, with the primary restitution of the CENT, GATEWAY monies duly paid to WESTGROUND, focus of integrating teaching and learning enhancement activities through the use the Defendant for MIDRAND, JOHAN- the procurement of African Languages. As well as by providing language related support to students NESBURG of constant load and staff in order to improve throughput rates across all the faculties. The African supports which it Die doel van die has failed/neglected aansoek is dat die Languages Development Unit was able to host an African Languages Symposium to deliver to the aansoeker ‘n lisensie Plaintiff. moet kry om petrole- in higher education on the 15-16th May 2019, at Emerald Resort and Casino. The umgroothandelsakti- b) Costs of suit. witeite te onderneem, Symposium had sub-themes under the following themes: If you wish to soos in die aansoek oppose any of the uiteengesit. Reëlings • Critical challenges Plaintiff’s claims, vir die besigtiging van You are required to die aansoekdokumen- • Implementation frameworks enter an Appearance tasie kan getref word to defend by making deur die Kontroleur an appropriate entry van Petroleumproduk- • Multilingualism and its development and implementation in the appearance te te kontak deur: book kept in the office Telephone: Dibui tsa sehlooho di ne di kenyeletsa Profesa Moloko Sepota, ho tswa UNISA; Profesa of the Registrar of (012) 406 –7631; the said Honourable Fax: Nompumelelo Zondi, ho tswa Yunivesithi ya Pretoria; Profesa Richard Madadzhe, ho court within twenty (012) 323 –5840, days (20) of the date tswa Yunivesithi ya Limpopo le Ngaka Mpho Monareng, ho tswa Lekgotleng la Dipuo or, of publication of this E-mail: summons ( Saturdays, Tsohle tsa Afrika Borwa (PANSALB). Ho lokelwa ho elwa hloko hore batho ba neng ba Lihle.Mdungwana Sundays and public @energy.gov.za tlile sebokeng sena, ke ba 150 mme ke batho ba 135 ba neng ba ingodisitse pele ho holidays excluded ), and to notify the Enige besware teen seboka. Plaintiff or its legal die uitreiking van ‘n practitioner in writing, lisensie ten opsigte In their respective addresses, Prof. Madiba indicated that translanguaging approach at the address given van hierdie aansoek, below, of your entry wat die aansoeknom- allows for the use of both indigenous languages and English for teaching and learning. of Appearance to mer hierbo duidelik While Prof Sepota alluded that; “It could benefit the education sector if interested defend and to give moet vermeld, moet your address of binne ‘n tydperk van parties could bring together the different pockets of excellence prevalent in silos”. service within five(5) twintig (20) werks- kilometres of the court dae vanaf die datum Meanwhile, Prof. Madadzhe elaborated that having the Department of African together with your van publikasie van Languages in Universities will not be helpful if graduates have no entry point into postal address, failing hierdie kennisgewing of which Plaintiff`s by die Kontroleur van the South African workforce. On the other hand, Prof. Zondi who cited the works of claim shall be heard Petroleumprodukte and dealt with by the ingedien word. Professor Vilikazi, an African black icon poet, underlined the need for South Africans court without further Sodanige besware notice to you. moet by die volgende to own their poets. Moreover, Dr. Monareng stressed the need for institutions to use fisiese of posadres DATED at ingedien word: their statutes, government’s legislation and previous court cases to achieve tight HARARE on this day of OCTOBER Fisiese adres: policies. 2019. Die Kontroleur van Petroleumprodukte DHLAKAMA B. Departement van In conclusion, recommendations from the Symposium showed that most presenters ATTORNEYS Energie Plaintiff’s Legal 192 Visagie Street, and key speakers were in agreement that it is imperative for higher education Practitioners Pretoria institutions to transform their curriculum through the use of indigenous languages 22 Broadlands Road Emerald Hill Posadres: Die Kontroleur van for teaching and learning. The presenters say that this will help improve the number HARARE Petroleumprodukte TO : THE of graduates. As a result of the Symposium, VUT is currently addressing these issues Departement van REGISTRAR Energie High Court of by translating lecture notes and Business Management curriculum into Sesotho and Private Bag X 96, Zimbabwe Pretoria, 0001 Sepedi, from first to third year, as a commencement of a University’s wide project. HARARE

Human Communications 148772

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Notice is hereby given for an application for Environmental Authorisation (EA) in terms of the NEMA EIA Regulations (04 Dec 2014 as amended) and for a Water Use Authorisation (WUA) in terms of Section 40 of the National Water Act (NWA, 36 of 1998): WEST RD BRIDGE The Johannesburg Road Agency proposes to construct the West Road Bridge (26° 9’57.63”S; 27°57’50.98”E). The proposed project will replace the existing structure at the same location that Job title: Senior MEAL Specialist has fallen into disrepair; the road is currently closed at this location due to the current state of the structure. The replacement of the structure requires EA through a Basic Assessment process +DELWDWIRU+XPDQLW\,QWHUQDWLRQDO +)+, LVDJOREDOQRQSUR¿W&KULVWLDQKRXVLQJRUJDQL]DWLRQ DVWKHUHZLOOEHWKHLQ¿OOLQJRUGHSRVLWLQJRIPRUHWKDQPRIPDWHULDOLQWRDZDWHUFRXUVHWKH IRXQGHG LQ  +DELWDW IRU +XPDQLW\ KDV KHOSHG PRUH WKDQ  PLOOLRQ SHRSOH PHHW WKHLU potential clearance of 300m2 or more of indigenous vegetation from within the Roodepoort Reef DIIRUGDEOHKRXVLQJQHHGVLQPRUHWKDQFRXQWULHVDURXQGWKHZRUOG 0RXQWDLQ%XVKYHOG FULWLFDOO\HQGDQJHUHG DQGWKHGHYHORSPHQWRIPRUHWKDQPRILQIUDVWUXFWXUH :HLQYLWH\RXWRYLVLWRXUZHEVLWHWROHDUQPRUHDERXWXVRXUYDOXHVDQGKRZZHZRUN within 32m of a wetland within a Critically Biodiverse Area. The structure is within a watercourse therefore a WUA application will be lodged with the Department of Water and Sanitation. The WUA Your role:/RFDWHGLQ3UHWRULD6RXWK$IULFDDVD6HQLRU0RQLWRULQJ(YDOXDWLRQ$FFRXQWDELOLW\DQG LVUHTXLUHGLQWHUPVRIVHFWLRQ F DQG L RIWKH1:$IRUWKHDOWHUDWLRQRIWKHEHGDQGRUEDQNV /HDUQLQJ 0($/ 6SHFLDOLVW\RXZLOOVXSSRUWWKHLPSURYHPHQWRISURJUDPDQGSURMHFWHI¿FLHQF\ RIDZDWHUFRXUVHDQGLPSHGLQJÀRZZLWKLQDZDWHUFRXUVH6WDNHKROGHUVZKRZLVKWRUHJLVWHUDV DQGHIIHFWLYHQHVVGHFLVLRQPDNLQJDQGOHDUQLQJWKURXJK0RQLWRULQJ(YDOXDWLRQ$FFRXQWDELOLW\ LQWHUHVWHGDQGDIIHFWHGSDUWLHVVKRXOGUHJLVWHUZLWKWKHFRQWDFWSHUVRQEHORZZLWKLQGD\VRIWKLV DQG /HDUQLQJ

ELECTORAL COMMISSION

The Electoral Commission, a state institution established in terms of Chapter 9 of the The Competition Act, 1998 (Act No. 89 of 1998) (the Act) provides for the establishment &RQVWLWXWLRQ LV LQYLWLQJ DSSOLFDWLRQV IURP VXLWDEO\ VNLOOHG TXDOL¿HG DQG H[SHULHQFHG of a Competition Commission responsible for the investigation, control and evaluation of mergers and restrictive business practices and abusive behavior by dominant firms. applicants to the following vacant position in its administration based in Centurion: The Minister of Economic Development, in terms of section 22 of the Act, hereby invites applications for the following position: 2I¿FHRIWKH&KLHI([HFXWLYH Competition Commission: Commissioner 0DQDJHU3ROLWLFDO3DUW\)XQGLQJ All – inclusive salary package: Negotiable Requirements: s $EGREE IN %CONOMICS ,AW OR #OMMERCE s ! POSTGRADUATE QUALIlCATION IN THIS lELD WOULD BE AN ADVANTAGE s  YEARS WORKING EXPERIENCE WITH AT LEAST lVE YEARS WORKING EXPERIENCE AT A 3ENIOR -ANAGEMENT The main purpose of the position is to develop operational plans, to implement strategy, to oversee LEVELINANECONOMICS LAW COMMERCE INDUSTRYORPUBLICAFFAIRSENVIRONMENTs$EEPUNDERSTANDINGOFANDINTERESTIN COMPETITIONORREGULATORYPOLICYs+NOWLEDGEOFCORPORATEGOVERNANCEs3TRONGANALYTICALANDSTRATEGICCAPABILITIES management and co-ordination of all regulatory affairs, research and policy programme in the s3TRONGJUDGMENT LEADERSHIPANDMANAGEMENTSKILLSs%XCELLENTCOMMUNICATIONANDNEGOTIATIONSKILLSs!BILITYTO political party funding. DEVELOP EFFECTIVE MANAGEMENT PROCESSES WITH STRONG INTERPERSONAL SKILLS s 0OLICY DEVELOPMENT AND ANALYSIS SKILLS s &INANCIAL PLANNING AND BUDGETING SKILLS s !BILITY TO LEAD AND MANAGE MULTIDISCIPLINARY TEAMS AND WORK THROUGH COMPLEXITY To view the comprehensive advertisements, application requirements and response details, please Key responsibility:s2EPORTINGTOTHE-INISTER THE#OMMISSIONERWILLBEREQUIREDTOs)MPLEMENTTHE!CTs-ANAGE visit our website: ZZZHOHFWLRQVRUJ]D ANDDIRECTTHEACTIVITIESOFTHE#OMPETITION#OMMISSIONASDElNEDINTHE!CTs2EVIEWANDAPPROVEALLCASES PRESENTEDTOTHE#OMPETITION#OMMISSIONANDREFERCASESTOTHE#OMPETITION4RIBUNAL WHERENECESSARY Term of Office of the Commissioner An applicant must be a South African citizen, who has QRW KDG D SURPLQHQW SROLWLFDO SUR¿OH LQ 4HE #OMMISSIONER WILL BE APPOINTED FOR A PERIOD OF lVE YEARS AND THE EFFECTIVE DATE OF APPOINTMENT WILL BE the last 5 years. The Electoral Commission will only correspond with short-listed candidates and DETERMINEDBYTHE-INISTER LQWHUYLHZVZLOOEHFRQGXFWHGRQDGDWHDQGWLPHVSHFL¿HGE\WKHLQWHUYLHZSDQHO6KRXOGFDQGLGDWHV Note:3UBMITADETAILED#URRICULUM6ITAE#6 CERTIlED)$ANDQUALIlCATIONSANDMOTIVATIONLETTER!PPLICANTSWHO DONOTCOMPLYWITHTHEABOVE MENTIONEDREQUIREMENTSWILLNOTBECONSIDERED&AILURETOSUBMITALLTHEREQUESTED not be informed about the outcome of the application within 3 months of the closing date, it should DOCUMENTS WILL RESULT IN THE APPLICATION NOT BEING CONSIDERED #ORRESPONDENCE WILL BE LIMITED TO SHORT LISTED be regarded as having been unsuccessful. The Electoral Commission subscribes to the principles CANDIDATESONLY)FYOUHAVENOTBEENCONTACTEDWITHINTHREEMONTHSOFTHECLOSINGDATEOFTHISADVERTISEMENT PLEASEACCEPTTHATYOURAPPLICATIONWASUNSUCCESSFUL4HEAPPOINTMENTISSUBJECTTOTHEPREFERREDCANDIDATES of the Employment Equity Act and reserves the right not to appoint. A position may be withdrawn, OBTAININGTHENECESSARYSECURITYCLEARANCEBY3TATE3ECURITY!GENCY33! ANDCOMPETENCYASSESSMENT7EARE ANAFlRMATIVEACTIONEMPLOYER0EOPLEWITHDISABILITIESAREENCOURAGEDTOAPPLY UHDGYHUWLVHGRU¿OOHGE\ZD\RIWUDQVIHURUGHSOR\PHQWVKRXOGLWEHFRQVLGHUHGLQWKHLQWHUHVWRI Applications should be submitted to the Minister of Trade and Industry for the attention of Dr Molefe Pule, E-mail: service delivery. [email protected] Economic Development Department, Private Bag X149, Pretoria, 0001 or hand delivered at the Ground Floor, Block G, the dti Campus, SEDA Building, 77 Meintjies Street, Sunnyside, 0132. &ORVLQJGDWH'HFHPEHU Closing date: $ECEMBER mg_11426 Kone Solutions K31398 Mail & Guardian December 13 to 19 2019 41 The art edition A repository for jazz historians

Pulses in the Centre of Silence: instructional text, Mombelli’s cept of originality and the bassist’s only on those shelves. as a herdsman in the mountains Composition Scores and Artistry Intergalactic Bass Programme: ideas about learning and teaching. “There are copies at Wits, but I of KwaZulu-Natal … every note he Concepts by Carlo Mombelli. Volume 1 Scales and Arpeggios, in “Producing the books grew naturally want to get it to more people. It’s sings is pure spirituality and beauty. (Real African Publishers) 2018. It has just been republished as out of how I work,” Mombelli says. certainly worth going to a music His school of music was the moun- a revised edition — with a cover fea- “I’m self-taught and recently I found institution if that’s possible for you, tains in which he grew up.” turing an assertively South African my own old scruffy exercise books but my own experience is that there Pulses in the Centre of Silence is Gwen Ansell tin-can bass and new material aimed with the Mickey Mouse covers, where are lots of other schools of music. I two things in one: a useful Mombelli n the face of dwindling writing at music learners who can’t read staff I’d created charts of fi nger positions never went to college, and practical Real Book — a collection of scores about South African jazz, bassist notation — together with a second and so on as I was learning. And even experiences like working with [the from which other musicians can and composer Carlo Mombelli’s book, Pulses in the Centre of Silence, today, I’m old school. I compose at late guitarist] John Fourie were my work — and an insight into his opus, new book is not only a work- that unpacks the thinking behind the piano, on paper, with a pencil and universities,” he says. answering questions that South Ibook for musicians but also a Mombelli’s music. eraser beside me.” The book, he says, The book expands on that theme, African music journalism rarely repository for future historians. Pulses contains a discography, attempts to share “all the things I’ve citing, for example, “the great fla- asks any more. In that context, the For some time now, archivists scores and lead sheets for all 96 of learned while being a musician.” menco guitarists who learnt their title couldn’t be more apt. have been warning us that relying Mombelli’s recorded compositions, Although Mombelli is now embed- music around campfi res”. on digital formats is eroding the and, most interestingly, five short ded within the music department of It singles out one of Mombelli’s This is an edited version of an arti- archive from which future historians chapters discussing issues such as a formal institution, he’s emphatic current collaborators, vocalist cle which was fi rst published by will have to work. That’s true for the what improvisation means, the con- that he doesn’t want his books to sit “Mbuso Khoza, who learnt his music New Frame Nelson Mandela Cabinet archives, but it’s even truer for the archives of South African jazz. Researchers in the 1990s could look back through texts ranging from the mainstream Drum magazine and The Star newspaper Tonight section to the counterhegemonic Staf frider literary magazine, the Medu Art Ensemble newsletter from the refu- gee ANC cultural community in Botswana and the trade union news- letter, Fosatu Worker News. All of these documented events, works and lives. The quality varied, but the information was there. This is how we know what jazz pianist Todd Matshikiza thought about the birth of African Jazz in 1948, how astoundingly many struggle-rooted workers’ cultural groups fl ourished in the 1980s, and why German record labels in the same decade gave Johnny Clegg the cold shoul- der — apparently, he sang too much about the “funny little issues in South Africa”. That kind of coverage stayed alive through the 1990s, but now the dou- ble whammy of the decline of print media and the shift to an analyt- ics-driven focus on “personality”, “showbiz” and “lifestyle” has mostly wiped out coverage of the why and how of our jazz, at a time when the creative sounds have rarely been richer. Many publications have not digit- ised (or eff ectively preserved) their historic paper archive; extended arts writing, when it is still published, is often put behind a paywall that denies low-income readers access; and about half of South Africans can’t aff ord regular, or any, access to the much smaller-scale critical local arts coverage online. Additionally, you need to know about it to find it, and sites and blogs can die over- night. Bloggers railing against the hegemony shouldn’t fool themselves — they’re mainly a privileged elite talking to each other. Artists who want their work to be documented and understood often have to make this happen them- selves. Many do, paying for public- ity, a web presence and $47 (about R690) a year to profile a single album on Apple Music, with returns of just $0.00735 (about 11 cents) a stream. Numerous others lack the know-how, time or funds to do so, particularly if they work outside the urban, connected, Anglophone metropoles. It’s not enough. We need texts, too: research papers and biogra- phies, autobiographies and work- books from as many players and composers as possible, so that recent South African jazz decades don’t end up drawing a blank. That’s the process bassist and University of the Witwatersrand music professor Carlo Mombelli started when he published his 42 Mail & Guardian December 13 to 19 2019 The art edition

Serene grace: (from left) Moshekwa Langa’s Swimming Lesson After the Rains, 2018; Classrooms, 2018/2019; and Ga-Maphotho, 2019. His Tropic of Capricorn exhibition, currently showing at Stevenson Gallery in Cape Town, includes Dust, beautyfigurative works, collagesand and, even more excitingly, geography themes that leave the bounds of Earth

Tropic of Capricorn my mind, I measure place” or “In Moshekwa Langa’s you, my mind, I measure home.” is a graceful reflection on time and place If we follow this line of thinking, home for Langa becomes his mind’s time or, more accurately, warmth creations; home is in Limpopo with Nkgopoleng Moloi (sun rays) as a measure of time. his neighbour, Martha Mbiza, as or as long as Moshekwa It is impossible to speak of Tropic much as it is in the depths of the Langa has been an art- of Capricorn without speaking about seas and the expanse of outer space. ist, he has engaged with mythology. The myth of maps, of Home is positioned nowhere and the task of mapping. His borders, of place and the myth of everywhere. But, of course, I recog- Fmapping has taken on a the lines outlining the tropics them- nise the limits of thought experi- different form in his latest exhibi- selves. Lying about 23.5° north or ments, more so in a time of intense tion with Stevenson Gallery (Cape south of the equator, lines of latitude nationalist rhetoric, crackdown at Town), titled Tropic of Capricorn. (the Tropic of Cancer and Tropic of the borders and the migrant crisis. The exhibition brings together Capricorn) are named in line with It is not enough to simply declare in large-scale works on canvas, mixed- astrology: Cancer (the sun reaches its our minds where we consider home media collages, portraits and paint- zenith in the northern hemisphere to be. ings on paper. Historically Langa on June 21 and Capricorn (the sun If, indeed, we are forced to speak has explored land (Drag Paintings, reaches its zenith in the southern of Langa’s work in terms of his ori- 2016) and even the seas (Overseas hemisphere on December 21). But gin story — the dusty streets of I and II, 2017), however, with this these dates are becoming less and Bakenberg as the place where he show we see his playful mind unable less accurate due to the wobbling comes from (travels towards and to rest at a single point. Figurative of the Earth’s axis through time. away from), then I’d want to point works (Nketši and The Bully) are Latitudinal lines (although useful as out the lyrical relationship that exists presented alongside collages (Broken tools) are, of course, completely fic- between dust and the beauty of mists Mirrors) and, even more excit- tional. They are mere measurements and the clouds. ingly, themes that leave the bounds that do not actually exist on the of Earth and begin to engage the ground or in the sky, similar to the s early as the 19th cen- skies (Maitishong to Midnight I and many fictional lines drawn all over tury, scholars and Thunderstorm with Hail). It is this the world to separate here and there, researchers were begin- series of celestial works that I’d like A us and them. ning to formulate inter- to home in on. Going back to the question of esting ways of thinking through In a recent interview with Langa, time, I quite like this idea of light dust. In his aptly named essay “The he emphasises the importance of and warmth as time, following theo- Importance of Dust: A Source of beauty in this show. He says, “It’s rists who believe that time is circu- Beauty and Essential to Life” (1898), interesting to work with things that lar, with no beginning and no end. Playful mind: Moshekwa tions throughout his artistic career. Alfred Wallace writes: “The evidence are kinder to me visually,” speaking Conversing with Langa, one gains Langa’s Surrogate Portrait However, the story of one’s life is goes to show, therefore, that the about why he is no longer interested a weird sense of this circularity of of Matlatša Rangoanasha, not limited to the story of one’s ori- exquisite blue tints of sky and ocean, in (re)creating images that enact sec- time. He speaks about his work in 2018, is part of his Tropic gins. One is born, they grow up, they as well as all the sunset hues of sky ondary violence. He speaks of memo- relation to stories and, at times, it of Capricorn exhibition, encounter different experiences and and cloud, of mountain peak and ries of looking up at the sky as a child is quite difficult to know what point in which the artist has they evolve, “losing touch with a cou- alpine snows, are due to the finer and seeing the starry nights. These of his practice or life a particular ‘worked with things that ple of people we used to be along the particles of that very dust which, in starry nights are reflected back to us story relates to. There is no linearity, are kinder to him visually’ way”, as Joan Didion put it. It is for its coarser forms, we find so annoy- in Tropic of Capricorn. or beginning and end, just stories this reason that I wish to move away ing and even dangerous.” that morph into each other; stories from Bakenberg as an entry point to “To the presence of dust in the he artworks in this exhibi- in which the present is reaching reading Langa’s work and would like higher atmosphere, we owe the for- tion are not spectacular; towards the future and the past is to propose a different one. mation of mists, clouds and gentle rather, they are serene simultaneously then and now. Time Earlier I mentioned the idea of beneficial rains, instead of water- T spouts and destructive torrents.” and graceful. Tropic of is simply an internal experience. time as an internal experience. If we Capricorn can be thought of as a Langa’s practice concerns itself with can think of time in this way, then Dust is a source of ridicule for line that helps us understand the explorations of place and “placeness”. it might also be possible to think of Bakenberg. And yet, it is this source distance that the rays of the sun His origin story begins with being There is no linearity space in the same manner. of ridicule that results in the beauty have to travel before they hit a spe- born and growing up in Bakenberg … just stories that Home, then, simply becomes dif- of the oceans and skies (the same cific point on Earth. The shortest (which resulted in him being teased ferent shades of the self, shades that ones we see mapped in Tropic of distance that rays have to travel is to about coming from a hole in the morph into each are linked to internal memory and Capricorn). This relationship is the equator, with each degree above ground because his hometown could other … Time is feelings. Just as Saint Augustine poetic and, quite simply, beautiful. or below the equator increasing that not be located on various maps). is said to have declared, in about distance. In this case, we can think Bakenberg foregrounds our simply an internal 400CE, “In you, my mind, I measure Tropic of Capricorn runs until of light (sun rays) as a measure of understanding of Langa’s explora- experience time”, we can also declare, “In you, January 18 * Mail & Guardian December 13 to 19 2019 43 The art edition Rhode’s canvas: Westbury walls

An edited version of the essay Broken Wall: Robin Missing Persons (1989), a collection ing of the wall to “the state of the established, Rhode held a solo exhi- of 11 short fictions. At once farcical country”. “The wall looked ashamed bition in London titled Variants. Rhode’s Theatre of Place from the book The and acutely perceptive — of the mate- of itself. I went back home.” The exhibition included five pro- Geometry of Colour (Rhodeworks/Skira) rial culture of Johannesburg and Much in the way Rhode’s early jected animations staged and filmed disassembling psyche of white South work, Classic Bike, heralded an artis- in Westbury, each featuring a chair Africans — Journal of a Wall unfolds tic talent with a distinctive set of pre- design by Gerrit Rietveld, a Dutch his setting. The wall in Westbury is as a series of diary entries by a man occupations, did furniture designer and architect Sean O’Toole Journal of a Wall not a random backdrop. This extends obsessed with his neighbour’s new the same for Vladislavic. In these two who was a principal member of the ut why all this absorption to his understanding of the visible wall. The story is a parable for atten- early works, Rhode and Vladislavic De Stijl modern movement. The with bricks and walls? crack in the wall used as a setting for tive seeing. “It was fix their attention on exhibition marked an incremental One answer is suggested so many of his photographic-perfor- an extraordinary a physical terrain, shift in Rhode’s practice, which, Bin the dissident literature mance works. brick,” gushes the Johannesburg, with- since his 2009 collaboration with and fin-de-siècle artis- “It symbolises a powerful imper- narrator shortly out precisely nam- pianist Leif Ove Andsnes on a pro- tic practices that flourished in the fection, as if something can pour out after pilfering a ing it, finding latent ject for Lincoln Centre, included embattled 1980s, the final decade of of it, through this crack in the wall,” brick. His wonder, meanings in its walls, new studio-based photography minority rule in South Africa. In his Rhode told me in 2017. “I call the however, sours. those utilitarian exploring the intersection of per- 1981 essay The Babalaz People, play- crack the vein,” he said on an earlier “I was tempted to ciphers of an inco- formance and geometry (Ballad to wright Matsemela Manaka argued occasion. “It makes the wall become keep it as some herent whole. Given Ballet, 2008), as well as the genre of that “mampara bricks” (a low-grade more organic. It is one of the reasons sort of memento. the importance of still life. Variants included 15 black- stock brick meant to be plastered why I love the wall. It has an imper- But by late after- Johannesburg’s utili- and-white studies of triangular over), along with corrugated zinc fection. It is almost as if you are look- noon I had begun tarian infrastructures forms titled Pascal’s Triangle (2011), and the mud and stench of town- ing at a piece of geography and this is to resent its stony in Rhode’s work, how inspired by the French mathemati- ship streets, formed an essential the river that runs through it. It is the silence, its impen- much significance cian and physicist Blaise Pascal. part of the mise en scène of authen- vein through the land.” etrable skin.” should one attach to Worldliness is not a synonym for tic urban black theatre. The narrator the bricks and walls? nowhere. Rhode continues to pro- Manaka’s comment is useful in he process Rhode is following returns the brick In a 2010 interview, duce wall animations in Westbury, a expanding the terms of Rhode’s has a name: defamiliarisation, to his neighbour’s yard, albeit now Rhode stated: “I like to think that suburb well known for its gang cul- fidelity to place. In a 2013 interview, or ostranenie, as Russian liter- marked with a dot of white paint. He even if I am from a particular geo- ture. The cipher of violence, the thing Rhode described the site of his many Tary theorist Viktor Shklovsky continues watching. A boundary wall graphical periphery, I don’t need to Johannesburg’s vertiginous bound- wall animations as “magnificent” and called it. It proposes a “sensuous begins to take shape, offering him a be associated with that, my work can ary walls are a response to, floats “very vibey”, and the wall as “spec- and evocative” involvement with the revised target for his resentment. touch on other aspects.” around the periphery of Rhode’s tacular”. Superlatives yes, but also thingness of easily overlooked things. It turns out the wall is simply a He is gesturing towards an opti- work, but — and I believe this to be expressions of affinity and endear- One of its chief proponents as literary plot device for its builder. Once com- mistic destination, an everywhere crucial — does not infect either the ment. The site in Westbury where practice in South Africa, at least when pleted, the house it bounds is sold. we collectively imagine through our artist or his work. Rhode sees a wall Rhode continues to stage his wall ani- it comes to bricks and walls, is Ivan The story ends with the narrator’s participation in a networked series and smiles. His wall animations, mations is, in a word, authentic. Vladislavic. description of his stoic neighbours, of urban localisms, corralled by the which are filled with vividly coloured What I am trying to highlight here Vladislavic’s short fiction Journal who rebuffed his approach and meta-term globalism. In 2011, his geometric volumes, are expressions is the importance Rhode attaches to of a Wall appears in his debut work, unspoken attempts to link the mean- international career already well of that ambiguous smile. 44 Mail & Guardian December 13 to 19 2019 The art edition Drawing lines in art and politics

Judy Ann Seidman’s retrospective shows the complicity of antiblack racism in the white left

(between people and power) but also Athi Mongezeleli Joja of connection or solidarity within f, for most people, the struggle “the people”. disappeared with the “end” of This kind of framing of art’s inher- apartheid, and the monikers ent political embeddedness has been I“committed art” and “cultural crucial in disarticulating the domi- Political awakening: Some of Judy Ann Seidman’s works on show at MuseumAfrica. Her earlier work was work” today appear anachro- nant ideological flattening typical devoted to figure drawing, but her later political work dedicates itself to workerist iconographic scenes nistic, if not nostalgic, for artist, of the post-1994 cultural discourse writer and activist Judy Ann Sei- that reproduces contrived notions ing, a genre dedicated to the study of dman, the plea for noncommittal of art and culture as politically dis- the human form and shape, often in art might sound absurd. Seidman’s interested. From this perspective, art stillness — black people are station- retrospective, titled Drawn Lines, is not a passive receiver and instru- ary models to be looked at. However, and showing at MuseumAfrica, is an ment but rather, as French philoso- Seidman’s later political work exposition of her four-decade-long pher Louis Althusser observed, “[W] devotes itself to a contrary effort, in commitment to the prerogatives of hat art makes us see, and therefore which the human figure is constantly cultural work. gives to us in the form of ‘seeing,’ toiling and in motion, tossing her fist The show contains Seidman’s ‘perceiving’ and ‘feeling’ (which is up or wielding a giant hammer. earlier and later works in paint- not the form of knowing), is the ide- The large body of work dedicated ing, drawing, print, dairies, sketch- ology from which it is born, in which to workerist iconographic scenes, pads, pamphlets, paraphernalia, her it bathes, from which it detaches and thus the prevalence of the work- unpublished papers and those of her itself as art, and to which it alludes.” er’s reality as the running theme, is comrades, as well as a photomon- But how might we characterise or indexical of the preeminence of class tage depicting the artist’s collabora- distil the ideal to which Seidman’s consciousness as an instantiation tion with feminist collective, the One work expresses its commitment? of commitment. It is a preeminence In Nine Campaign. A series of texts Since age 11 Seidman has split her that places black people in service of punctuates the walls, either as bio- formative years between the US, the vaunted class struggle and not graphical or as historical detail, to where she was born and received the other way around. better contextualise the exhibition. her degrees in sociology and art, and that this seems to contravene the Yet, typical of this lens, the dis- There are excerpts from texts writ- Africa, where she practically grew very idea of collectivity. juncture between the figure of the ten by Seidman and some citations up and experienced her political This can, in part, be attributed to worker as quintessentially black culled from Amílcar Cabral, Samora Damascus. As well as many critical how the category of “work” instanti- and the political claims that subtend Machel and Robin Kelley. essays, pamphlets and educational ated by the notion of cultural worker nonracialism is rather too conspicu- Considering the art convention in material, Seidman has also authored — a moniker whose Marxian presup- ous to ignore. The category of the which Seidman has immersed her- book-length texts like the instruc- position is often invoked unquestion- worker, as anti-apartheid activist self — one that is sceptical of obscu- tional Red on Black: The Story of ingly — emerges out of a conceptual and scholar Frank B Wilderson once rity and insists on art’s didactical the South African Poster Movement denunciation of race in leftist poli- argued, has been afflicted by a “con- and pedagogic roles in society — her (2007) and more recently an autobi- tics. As such, this blind spot towards ceptual anxiety” that makes thinking union of text and image unfolds as a ography, Drawn Lines (2017). race and racism abstracts the system of white supremacy as the organising strategic communicative imperative. In 1980 she joined the ANC- into a colour-blind universal and, social structure impossible. Through Seidman continues to associate aligned (so-called nonpartisan) therefore, hides the complicity and the worker or even the poor, white herself and her work with socially nonracial artist collective, Medu Art ill contribution of the white left in supremacy appears denuded of his- engaged community struggles and Ensemble, in Gaborone, Botswana the reproduction of antiblack racism. toricity while, on the other hand, organisations in ways art and art- and started working closely with the However, looking at Seidman’s show, white people become default tutors ists now shy away from. Part of the likes of Thami Mnyele, Keorapetse the foregrounding of “work”-related to black people. anxiety around the notion of com- Kgositsile and Wally Serote. Medu’s themes turns what is essentially a Perhaps one can read this worker mitment (in the arts) has been its primary purpose was to educate demand to end colonialism into peti- vs thinker, or pupil vs master relation demand for open social and politi- and politicise the masses through tions for fairness 0n the factory floor. in how Seidman frames her collabo- cal engagement, which the post 1994 culture: introducing workshops, art the superfluous exaltation in artistic Rarely would one boast about ration with the feminist group, the logic of cultural production has dis- exhibitions, films, photography, the- auteurism, its abstraction and the the aesthetic and formal pleasures One In Nine Campaign. The tension tanced itself from. atre, dance productions, newsletters individualist drive preferred by the received when looking at Seidman’s between the conspicuous presence The irony is that despite this noted and posters to propagate the strug- art system. That three decades later, work, not only because her theme of black bodies and absence of white incredulity towards commitment, art gle for liberation. It fashioned a cul- Seidman has mustered a serious resists this but also because, at times, ones, including hers, at the level of always inevitably finds itself com- tural production that was not just a collection of Medu’s political post- despite its insistence on the agency the image, raises interesting inquir- mitted in one way or another, and socially engaged pedagogy, but one ers, writings and so on (exclusively and life of working people, it appears ies about “looking” as a position of by virtue of its politically inculcated also predicated on the need to relate belonging to the Judy Seidman pri- almost lifeless. As a predominantly power. Equally insidious is that, naivety, abiding by the laws of the artistic labour to productive labour. vate collection) remains an interest- figurative body of work, the human despite the artist’s acknowledgement (self-effacing) dominant system. Medu was de facto distrustful of ing political quandary, considering figure and its speech become the of the collaboration, rarely do we hear In the first instance, Drawn Lines fulcrum of whatever is addressed these women speak, either through invokes a double meaning of draw- through and to it. their own words or the sounds of ing as the prevalent medium of Although Seidman’s work under- their own voices, nor through fellow expression in the show, but also that goes a drastic change in the wake of black female thinkers whose works of marking political demarcations. her politicisation, one thing seems have given explanatory power to The latter is obviously something to be a perennial fixture: the preemi- black feminist presence. But they are difficult to commit to in South nence of black people as subjects. on the walls, in their numbers, muted. African public discourse, as any men- From portraits to social scenes, and Although Drawn Lines is an appre- tion of lines or boundaries (largely from worker strikes to armed strug- ciated instalment of Seidman’s life- from within national borders) easily gle to toyi-toyis, this ubiquity at first long work dedicated to a cause at an slips into being about reversing our glance appears to be a reversal of indifferent time, it’s equally impor- so-called constitutional gains. colonial landscape art that erased tant that we refuse to take theories The former, however — that is art blacks from the pictorial plain, feed- of commitment only at face value. as simply art — seems to be taken ing into the myth of terre nullius. As much as political art and devo- as a recreational endeavour that However, on closer scrutiny, this tion remains anathema to the logic is skeptical of demarcations. This hypervisibility of black people in of contemporary South African art double bind is something artists white artists’ works inversely rein- discourse, that dedication to tradi- and activists like Seidman continue forces a very particular scopic econ- tions of protest need not occur at the to refuse, forcing, instead, conti- omy of colonial exoticism, typical expense of criticality. nuities between art and politics. among white mid-century artists. Dialectically, drawing lines is not Cultural production: Artist Judy Ann Seidman worked with the ANC- Additionally, in her earliest works Drawn Lines runs at MuseumAfrica simply about lines of separation aligned Medu Art Ensemble in Botswana. Photo: Delwyn Verasamy — seemingly devoted to figure draw- until January 2020 Mail & Guardian December 13 to 19 2019 45 The art edition Art in the era of influencers

A new cohort of artists is gaining likes on social media and challenging gatekeepers

Zaza Hlalethwa ost professions require a licence, permit or reputa- ble training before one can, by law, start practicing that Moccupation. This applies to a variety of professions —but not to artists. Now that the internet has democratised information and gatekeepers are confronted with calls to decolonise spaces, the art world finds itself opening up to various affections of artistry. The Mail & Guardian spoke to several cogs in the machine that is South Africa’s contem- porary art scene to gauge how the label “artist” is earned and whether social media platforms are gearing up to become the white cubes of the next decade. Because the terms of regarding someone as an artist are fluid, social media has created the opportunity for anyone to be an artist. Creatives with an output that can be digitised have the opportunity to share it. If they align themselves with the right people, use the rel- evant hashtags and post their content at the right time, they are able to reach a wide and engaged audience, no matter their level of skill. The new guard: Lunga Ntila (above) used to think she was a visiting outsider in the art world, until she was endorsed by Banele Khoza This initial, ongoing, free-to-access engage- (below), who studied art but has created a space for artists to be judged on their output, not their training. Photos: Delwyn Verasamy ment allows the content producers to gauge what their audience wants based on the con- tent that receives the most likes or interactions. When this engagement rises, so does the prob- ability of expanding their audience because it increases their chances of being suggested to people who do not follow them. The process is then repeated, increasing the content pro- ducer’s followers, cementing their brand and increasing their chances of being discovered by galleries, curators, art collectors and enthusi- asts who can endorse their journey. “I wouldn’t say it’s coming from an institu- tion that says you’re an artist,” says Banele Khoza, an artist and gallerist who was also the recipient of the 2018 Gerard Sekoto Foundation award.“It’s about recognising yourself.” Khoza is a hybrid. He studied and taught in the fine art faculty at the Tshwane University of Technology. However his contemporary art space, BKhz, is open to artists based on their output and not their training. When asked about the value of his time in academia, Khoza says school taught him “to be sensitive and not to take things at surface level”, in addition to visually articulating ideas soundly so when it is time for his work to be critically analysed he can justify his decisions. Still, Khoza admits that “school is being rev- olutionised by the internet”. In 2018 pop cul- ture platform Vulture published Jerry Saltz’s guide “How to Be An Artist”. Using 33 points, the listicle takes the reader through a range of matters to consider, from developing a prac- tice, materiality and matching your style to your voice, all the way to how to enter the art at Pretoria Art Museum, X_posure. “I consider the arts to a wider audience, she believes that ment,” said Rose. “They just tick boxes based world. In addition, aspiring artists are seeing myself a visual artist now, my proof is being in the perception that anyone can become an on what they know people respond to: that’s established artists, such as Dada Khanyisa, galleries, art fairs and a museum,” she says. artist is not necessarily true. Adding to this, not art.” use their Instagram and Twitter accounts to Joining Ntila in this wave is lifestyle influ- Mdluli says: “Education remains a key compo- Although her newfound security has seen demystify their practice by documenting their encer Lulama “Wolf” Mlambo. Through local nent into the vocation of art/artmaking and, her experimenting, Ntila’s introduction saw process. media platform Between10and5, Mlambo like any other discipline, there are no shortcuts her practice attesting to what Rose referred to One of the artists who Khoza has endorsed is declared her transition from influencer to — it requires doing the scholarship.” as ticking boxes. “There was pressure to pro- Lunga Ntila. Before her art world debut in 2019 fine artist a few weeks ago. One of her pieces, In an earlier interview with the M&G leading duce or recreate a particular kind of work,” she during the Joburg Art Fair week — when she The Process of Unbecoming, is part of Smith up to her showcase at the 58th Venice Biennale, admits. However Ntila saw it as a necessary had work showing at Art Joburg, Underline Studio’s summer exhibition, Rendezvous II. multimodal artist Tracey Rose touched on the means to get her foot into the door. “Sometimes Projects and BKhz — Ntila considered herself Using acrylic on canvas, the dismantled fig- contemporary art world’s attempt to accom- you gotta Beyoncé it up [create work that sells] a visiting outsider. Her work fuses photogra- ures in the piece seem to mimic the Khoisan modate creatives from other disciplines such in order to release your Solange [create con- phy and digital collage-making. The result is style of depicting the human form — a style as influencing, commercial photography and ceptual work that isn’t as commercial].” As a an expressionist and cubist take on self-por- that has been popularised by artist Lady marketing. result, Lunga’s first solo exhibition and appear- traiture. Even though Ntila managed to use her Skollie’s practice. The manner in which “People enter the art world from disciplines ance at Art Joburg saw her selling all the edi- social media visibility to receive recognition Mlambo depicts the mustard, crimson and that have no love for art and artists; this tions of her work. from curators, she felt like an imposter because blue figures in a white abyss makes for a beau- changes the way that people who become art- Whether opinions are for or against this of her lack of art education or training. tiful but safe work. Although it doesn’t feature ists engage with their own art,” said Rose, who artistic democracy, there’s no stopping it. Her sentiments have since changed. “There expert brush work or make any solid commen- in addition to being an artist, co-ordinates the Although there may be hierarchies and bar- was a shift when Banele took a chance on me: tary, its minimalist nature and use of warm Wits fine art department’s syllabus for first- riers to entry when it comes to exhibiting in since that week the art world has been treating colours result in a clean, familiar looking and year students. Due to the changed nature of galleries, museums and fairs, the art world is me well,” says Ntila. Following her art week aesthetically endearing work. engagement with art, when media coverage free of stringent regulatory bodies that can debut, Ntila is a part of Blank Projects’ year- Commenting on social media’s ability to and likes equate to success, Rose said artworks gatekeep with an iron fist. Social media has just end group exhibition, The Head the Hand, in democratise art, curator Dr Same Mdluli says are no longer looked at holistically. “The work taken the freedom of being paid for one’s visual Cape Town, as well as the current group show that although she supports its ability to expose becomes a statement without material engage- expressions up a notch. 46 Mail & Guardian December 13 to 19 2019 The art edition THE PORTFOLIO Sethembiso Zulu Christina Zamashenge Mdlangamandla is my maternal grandmother, who died at the age of 34, years before I was born. August 11 marked the 52nd anniversary of her death. I decided to use my photography to pay homage to her. She communicates with me through dreams. ‘This image is one of 34 photographs titled Ukwambulela, which means “revelations”. It is an intensely spiritual series using my favour- ite medium to document my and my grand- mother’s encounters. It combines mysticism, surrealism and some of the sacred rituals I per- formed throughout my journey with her. In 2005, I embraced the calling to become a traditional healer but I grappled with the real- ity of living a double life; one as an artist and the other as a healer. This series helps to communicate my pursuit of wellness through the depiction of prayer near or inside a river. The first dream in which my grandmother, a devoted Zion churchgoer, came to me showed her inside a river wearing a white prayer gar- ment. For as long as I can remember, I’ve been taught white clothes symbolise communicat- ing with ancestors and spiritual healing. The white cloth has carried me throughout my spir- itual excursions, and acts as the protagonist in this series. What fascinates me about this subject mat- ter is that it provides an opportunity to change the narrative. For years traditional healers and prophets have been depicted negatively, either in photography or text, and I was encouraged to tell the story from an insider’s perspective. when the subject matter allows an escape from and analysed with an open mind. In them, I far as they may trigger feelings and emotions I hope that the viewer understands they are one reality into a brief moment in a world we’re explore healing, life and death to show that that will resonate with most viewers. seeing an alternative reality — and not just not always in tune with? reality has intricate ties with what we call the a photograph — that mixes surrealism and My photographs make for detailed stories fantastical. Photo title: Ukwambulela, Emagagula, dreams. Why focus on the artistic aspects alone and use symbols that are meant to be read My images are representational of life in so Ekurhuleni 2018 Mail & Guardian December 13 to 19 2019 47

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For the first time in conventional notions of what it takes to build a successful project. recent memory the As an unpredictable hothead, Mamelodi Sundowns McCarthy guided an upstart City to successive fi nishes in the top fi ve, as coach looks a bit rocky. well as their maiden MTN8 Cup. The With a new contract Bafana legend might not be to every- one’s taste, but his youthful combat- looming, can he iveness made him hard to read and, to the benefi t of the PSL, a helluva lot reverse the tide? of fun to watch. Mosimane may not share Luke Feltham McCarthy or Mokwena’s youth, but he has helped to build the foundation itso Mosimane is one of on which they stand. He represents the greatest coaches to South African coaching excellence — ever walk a South Afri- something that should be celebrated Pcan touchline. There’s regardless of allegiance. little debate at this point. On Saturday it will be up to him With eight trophies, he’s certainly whether he adds to his legacy or, per- brought more success to Sundowns haps, puts a dent in it instead. With an than anyone else. If he were to end to the contract saga supposedly in secure another PSL title, he would sight, he can’t aff ord the Brazilians to also stand alone on five league wins, slip back into the mire just as they’ve leaving behind Ted Dumitru, Gor- clawed their way out of it. don Igesund and Gavin Hunt. Sundowns have looked uncharac- But that’s unlikely to happen this teristically lethargic this term. The season. With the halfway mark com- observation is refl ected in their goal ing into view, a resurgent Kaizer tally, as the side has laboured to fi nd Chiefs have already pulled 10 points Making history: Sundowns coach Pitso Mosimane has built his success on the special bonds he has created the incisiveness that has fi red them clear at the top and appear in no within the team. And now, more than ever, after a sub-par start to the season, he needs to find a way to get to so much success. It’s not unrea- mood to hit the brakes. them firing once again. Photo: Lefty Shivambu/Gallo Images sonable to think the team is suff ering From a Masandawana perspec- from a crisis of motivation: how do tive it’s a disappointing start to what as inject some much-needed morale in South Africa,” Mosimane said coach, eff ectively bringing an end to you keep pushing a luxurious squad was supposed to be a toast to their and stability ahead of the challenges as he talked up his loyalty. “I didn’t the Rhulani Mokwena experiment. that has won everything? 50th anniversary and is a blot on that the New Year will bring. It will take off ers from big teams in Africa. I Mokwena, who will return to his In either case, a number of injuries the imperious run of form the club also, if we’re being cynical, serve as a had an off er on the table from Qatar role as assistant, was a symbol to at key points in the season has not have been on in the last couple of neat bargaining chip in the ongoing [with] more money than Sundowns. many people that it was possible to made anything easier. The absence of years. contract negotiations between club I stayed because I wanted to honour break into the PSL as a young, local Gastón Sirino and Themba Zwane in The funny thing about success and manager. my contract. I stayed without looking tactician. Chairman Irvin Khoza’s particular left the forward line bereft is that the more you get, the more Mosimane’s current term is up in at the money.” decision to yank the cord is a return of ideas during Sundowns’ dire, scrutiny you invite. Mosimane is no June. He has made it clear that he The longer it takes for Mosimane to normal service in an environ- three-game winless spree and not exception — uneasy lies the head that would like to stay and would sign the to renew, however, the more col- ment in which big brands are petri- looking much like champions at all. wears a crown. next day should he be presented with umn space there will be to ponder if fi ed of straying from proven names If we’ve learned anything about Which brings us to this weekend’s acceptable terms. he will at all. Or if, in fact, money is who carry a fat CV — and often a “Jingles” over the years, however, clash against Maritzburg United It would also be his last stint if his actually a stickler in the talks. European passport. we know he won’t be panicking. He’s in the Telkom Knockout final. latest statements this month are to be Coincidentally, this week shocked Benni McCarthy is another local built his reputation by thriving when Mosimane, usually so blasé about believed — he reckons coaching when us into remembering why we should who lost his job this year. While it’s the pressure begins to boil over and cup competitions, is arguably in he turns the ripe old age of 60 in fi ve care how his discussions turn hard to argue that Cape Town City’s coming out with his hands raised in great need of the win. years time will be too much for him out. Orlando Pirates on Tuesday current form didn’t warrant that victory. Should he do that once again A mid-season trophy will bring a and he will step away at that time. announced that German Josef fate, the sacking brought an end to he may just keep his own legend sense of progress to the team, as well “I didn’t take off ers from big teams Zinnbauer will take over as head a reign that had similarly challenged going a little bit longer.

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Sport Audit 2019: From the unmitigated heights to the failure of Banyana to match the glory of the of the Springboks’ Rugby World Cup victory to the previous season — it has been an emotional year. A depths of mauling suffered by the men’s cricket year where our sporting teams have reiterated the team; from the inspiring performance by our too-oft incredible tenacity and large dollops of faith that is neglected netball team who upset the world order, required to be called a true ‘South African’ A winning year for SA netball team

Spar Proteas Badenhorst to become the new head The Proteas jumped at the oppor- Spar Proteas coach in September. tunity at this year’s International Despite the coaching change, the Netball Federation World Cup and confidence in the Proteas camp secured a semifi nal play-off for the soared. In October, they were tasked fi rst time in 24 years. The last time with conquering the continent when On a roll: The Proteas celebrate reaching the semifinals of the Netball they achieved this was in 1995 when the African Netball Championship World Cup earlier this year. Photo: Nigel French/PA Images/Getty Images they went on to win the silver medal arrived in Cape Town. With no — which was their best-ever fi nish. No 2 in the world at the time. overseas-based players available for out the championships and dethroned sport in England, Australia, New This year, they would eventually England’s Roses seemed to have selection, Badenhorst had her first Uganda as African Champions. Zealand and Jamaica, the South earn a fourth-place standing. They been the biggest thorn in the Proteas’ challenge as she had to delve into Their final hurdle would be the African side have every reason to be narrowly lost to Australia (55-53) side: they also lost the bronze-medal the local talent pool and explore high-school bully they just couldn’t proud of their year, which led them in the semifinals, but this cam- playoff 58-42 to the hosts. the youth who had impressed at the avoid when England visited Cape to be named the South African sports paign helped set the agenda moving The Proteas could take even more Netball Championships in August. Town for a Test series in November. team of the year. They will be yearn- towards 2023, when Cape Town will home from Liverpool when their This squad showed hunger and ruth- Despite fervent performances, the ing for more of the same in 2020, but host the World Cup. goal defence and vice-captain Karla lessness in the tournament, squashing Proteas narrowly lost the series by their main focus now will be building The team reached the semifinals Pretorius was named player of the any team that stepped between them two games to one, which raised ques- towards 2023, when they will have on a high, after winning four of their tournament. and glory. They played plush net- tions about their pedigree when a home crowd to back them in their five group matches, losing only to Coach Norma Plummer announced ball too and the experienced players competing with the world’s best. fight for a first World Cup trophy. England. One of these matches was her retirement after the tournament, guided the debutants through tough But there is no argument that, — Eyaaz Matwadia & Annerine against Jamaica, who were ranked as making way for her colleague Dorette games. They were unscathed through- when compared to the profi le of the Snyman Springboks: Success A terrible 2019 for the Proteas

Proteas Women Cups but a certain level of competi- Where exactly is this team going? Proteas tiveness didn’t seem like an unrea- story to linger over After expectations reached their Women sonable request. How wrong that peak at the World Cup two years ago, thinking was. Springboks the Proteas abseiled down, found a South Africa were a non-factor We’re the world champions. Could Springboks comfortable plateau and have hung in England. Over the course of the there really be any other score? out there ever since. Last year: D group stage, the side seemed pow- It goes without saying that the Those lower altitudes are induc- erless as opponent after opponent Springboks are the golden success ing a bit of déjà vu. Everything feels anyone beyond Lizelle Lee and Laura showed up and took the easy runs story this year. The words of cap- the same this year as it did last Wolvaardt to carry the bat full-time. and wickets on offer. After essen- tain Siya Kolisi dedicating the World Last year: C December: a humbling at the hands Shabnim Ismail is the only bowler tially booking return tickets in week Cup to all South Africans have been of customary foes, weaker nations who threatens to be world class two, the team had to endure the immortalised and still ring in our Championship hardly erased the doing their bit to help pad the stats, across both formats. The all-rounder ignominy of arriving back to a public ears when we look back on that day doubts either. and the usual suspects dragging the abilities of Marizanne Kapp and that demanded heads roll. in Yokohama. But the World Cup would change team along. With the Women’s T20 Dane van Niekerk are indispensable Unsurprisingly, Ottis Gibson and They weren’t empty platitudes all that. An opening loss to the All World Cup coming up in February, and when one of them is missing our his technical team were the ones to either. For arguably the first time Blacks notwithstanding, the Boks we don’t have many reasons not threat dials down considerably. lose theirs but that did nothing to there was a palpable feeling that our were ruthlessly eff ective. In keeping to fear a repeat of 2018’s mediocre Some promising younger talents pause the dramatic decline. rugby team belonged to everyone. As with his tenure, Erasmus approached performance. have made the squad but we’re yet India made sure of that. That tour, much as historical prejudice every game with an under- The Proteas would briefl y redeem to see regular game-changing perfor- like the disasters that preceded it, still has its roots dug deep in standing of what it would themselves after that exit when mances from them. The Proteas des- unsubtly exposed a crisis that has the sport, this was a side that, take to win and a clear game- Sri Lanka toured in February. perately need to groom some of these been bubbling under the surface. from the outside at least, did plan on hand. Whitewash victories were recorded players if the team is going to write a No one is putting up their hand to not seem shaped by old It was not the most grip- in both the ODI and T20 series as the diff erent story in 2020. replace the marquee names that boys’ clubs or favouritism. ping rugby in the world — year got off to the best possible start. have stepped away from the team – Transparency and vision there was no New Zealand But it’s that familiar story again — Proteas Men Hashim Amla, Dale Steyn and AB de translated to success on fl air or raw England power the lower-ranked teams off er us the Well, this one is easy. The Proteas Villiers among them. the pitch. From day one, — but the wins kept com- rare notches in the win column. have been so bad they’ve defi ed the There are some important ques- coach Rassie Erasmus ing. There would be no Pakistan, however, had other ideas possibility of off ering any sort of con- tions about the batting order. Aiden updated the public on Japanese upset this time when they visited in May. A wild ODI structive criticism. In fact, any criti- Markram doesn’t seem to be the his long-term plan that around; nor would there trilogy saw South Africa bowled out cism at all feels like kicking someone leader we hoped he would turn into; would culminate at the be a successful Welsh for an embarrassing 63 in the fi rst who’s just been publicly fl ogged. too often Faf du Plessis doesn’t show World Cup. ground-out victory. game and win the next one, before We’re all well-versed in the tragedy his credentials at the crease; and the Despite this, not Even Kiwi-killers putting in a chaotic tie to draw the by now. Sri Lanka invaded in March support cast — players like Theunis many among us can England were no series. The Proteas, to their credit, and gave South Africa one of its most de Bruyn and Temba Bavuma — too claim to have been match for South came from behind to win the T20 embarrassing Test series defeats often don’t bother showing up at all. believers all along. African pragmatism. best-of-fi ve series. since readmission. The warnings Things aren’t much better with Super Rugby, for one, Kolisi and the rest of India would soon introduce the were there for everyone to see. Still, the ball. An overworked Kagiso certainly wasn’t a posi- the pack put in the per- most damning evidence yet. At about we wondered: surely things aren’t as Rabada was never going to be able tive indicator that formance of a lifetime as the same time that the South African bad as the naysayers insisted? to meet the unrelenting expecta- South Africa would the bookies’ underdogs public was doing its best to ignore They were worse. tions placed on him as South Africa’s be home to the next dominated the final to the men’s disastrous excursion on The Proteas didn’t carry the over- premier speedster. Not making his champions of the world bring the Webb Ellis Cup the subcontinent, so too were the optimism they usually take to World situation any easier were injuries to as our franchises were hor- home. women receiving a proper walloping. Lungi Ngidi and Steyn, and Duanne ribly outplayed. Winning It may be easy to say in At no stage did they look competitive Olivier’s decision to jump ship. a superfluous Rugby retrospect but it doesn’t as a clear 3-1 defeat in the shorter Proteas It’s hard to see how any of this will make it any less true: the format was followed by a whitewash Men get better in the future, especially Victory cry: Siya Springboks are winners — in the three ODIs. with our administrators demonstrat- Kolisi holds the and winners always fi nd a The dearth of big-game players is ing an even greater level of incom- way to make it to the top. symptomatic of the side’s broader petence. A terrible year for South World Cup and Last year: B South Africa high — Luke Feltham struggles. It would be hard to ask African cricket. — Luke Feltham Mail & Guardian Sport December 13 to 19 2019 3 Football’s swings and roundabouts

a record 17-0 scoreline against Banyana Comoros along the way. Once more, the gulf between the opposition we Banyanana might face in the region compared to the global stage became frustrat- Last ingly apparent. year: A Yet just as we consoled ourselves with Southern African dominance, Mixed fortunes: Banyana Banyana (above) celebrate in happier times last year and Bafana forward Percy Tau Banyana Banyana neighbours Botswana intervened (below, right) is marked by Namibia’s midfielder Larry Horaeb during a group match in this year’s Africa Cup This might not be the worst assess- and knocked us out of contention for of Nations. Photos: Sydney Mahlangu/BackpagePix and Javier Soriano/AFP ment in the sports audit but it was the 2020 Olympics. After everything by far the most painful to dish out. that had been accomplished, this felt Twelve months ago we were cel- like one of the hardest gut punches. ebrating what promised to be a Reflecting on the year it’s hard renaissance of women’s football in not to think the team has taken the country. Banyana Banyana had two steps back. Disappointing for just made it to the Africa Cup of everyone. Nations, losing narrowly to power- house Nigeria, and in doing so had Bafana Bafana qualified for their maiden World Bafana Bafana just keep sneaking Cup. In a year of marginal sporting by. First, to get out of the Africa Cup achievement and political upheaval, of Nations group stages and again, the determination of Desiree Ellis’s here, to get an okayish grade in players imbued the nation with our audit. It’s hard to point to vast much-needed hope and belief. improvement, but it’s also undeni- Waiting around the corner was an able that this team made us feel ugly reminder that those cherished again. intangibles alone would not be That’s likely down to key, emo- enough at an elite level. tive points during the year, begin- With the exception of three draws, ning, of course, with a fiery Percy Banyana lost all of their games at Tau double to earn qualifi cation for the Cyprus Cup and in the build- Afcon against Libya in Sfax, Tunisia. up to the World Cup. Most came Euphoric moments have that sort against developed European coun- of power — images of Stuart Baxter tries — one of the many indications revelling with his players in the that wealth and sociopolitical fac- dressing room quickly erased mem- tors are still major factors when it ories of the laboured route they had comes to competitiveness in wom- taken to get to that cliff edge in the en’s football. fi rst place. The showpiece itself didn’t go Then there was that match. Again, much better. Despite running both the middling Afcon group stages — Spain and China close, South Africa in which qualifi cation was achieved distant memory after Thembinkosi Africa took notice. Overnight, ing night at the Cairo International couldn’t get a point on the board by virtue of being the fourth-best Lorch neatly fi nished off a piercing South Africa had rejoined the con- Stadium, we believed. and duly crashed out of the World third-place finishers — became a counter-attack to send South Africa versation — just how far could the Ultimately, it was not enough for Cup. A disappointing end to a jour- into the quarterfi nals. brazen Pharaoh-slayers go? Baxter to keep his job and he passed ney that had begun with such great That last-16 tie against hosts Egypt Unfortunately, thanks to old foes on the reins to Molefi Ntseki. It’s expectations. Bafana produced a performance even stub- Nigeria, it would be no further. Still, far too early to get a sense of where Fortunately, the Cosafa Cup born Bafana believers didn’t think Bafana were able to leave Cairo with the new coach’s tenure will take us offered an opportunity to regroup Bafana this team was capable of anymore. their heads held high. but, with the memories of Afcon still and Banyana happily took it. The Gritty, fi erce in the tackle, smooth If we can ascribe one purpose to fresh and an exciting young core side defended their title without on the front foot: this is the kind of our national sports teams it would coming through, expectation is ten- much trouble or fanfare, setting Last year: D+ football we had been yearning for. be to inspire belief. For one swelter- tatively sprouting. — Luke Feltham

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JDE 213 THE ORIGINAL SOUTH AFRICAN CRYPTIC CROSSWORD by George Euvrard Across Down 1 Benches need this moved 1 Man immerses himself in books backstage (6-3-6) on fine antelope (7) 9 Honoured but then leader drops 2 Lists vehicles that don’t start (5) to fifth position, tired ... (9) 3 Don’t worry about nerve brain 10 ... that is to say, fool holds on to (5,4) nothing (2,3) 4 Adds small children (4) 11 Lamb is trouble inside this 5 Finish hot advert elevating restaurant (6) someone who is rotund (9) 12 Vulgar brat faces whip, right? (8) 6 Provide chap with the art 13 Come sexually ambivalent one regularly (5) to the VW passion-wagon (5) 7 Paper has fresh run (9) 15 Time to make a mistake, 8 Use ruts creatively for stitches provided there’s no beginning (7) of lies and scares (9) 14 Mildew in empty glass shaped 17 Bread party’s our do? Ugh, strips (9) enthralling (9) 15 Contact to make boundary (9) 18 Many times it’s love following 16 One’s alternative manuscript Not just Gregs: Cricket South Africa would do well to accord its fan base X! (5) has hot lines? (9) some respect. Photo: Moeletsi Mabe/Gallo Images/Sunday Times 20 Natural beauty parlours for bad 17 Up my training in some brief musth processes (3,5) warning sign (7) 22 Climb into 1000 hours with 19 Devoured odd nosh about and Solutions and explanations unlimited relay (6) cleans up (7) can be found at mg.co.za/ 25 Note to capture principle (5) 21 A long end to skirmish (5) crossword 26 Old American ate right - inside 23 Dodge reversing in Goedemoed CSA: A bee in and in human form (9) avenue (5) 27 Monkey tricks in hussies’ 24 Copy house found in the covens - I’m flabbergasted Eastern Cape (4) Go to ‘JDE’ on facebook for (15) discussion and solutions to every JDE crossword, and my binnet talk or stalk!

Just when you thought it couldn’t get worse, the QUICK CROSSWORD Official Proteas Supporters Club emailed its fans Across Down 5 Desire for wealth and 1 Restrict — part of a plant (4) possessions (11) 2 Transcribed (7) COMMENT for “bringing this to our attention”. 7 Lip of a vessel (4) 3 Wood used in model making (5) Excuse me? I have no beef with Theresa Mallinson 8 Legal action serving as a 4 Find out (8) Eaton — and was glad someone else precedent (4,4) 5 World of commercial his has been a horrendous had also pointed out the error of 9 Lowest lake in the world (4,3) transactions (11) year for Cricket South CSA’s ways — but he was not the first 11 Happening (5) 6 Hater of mankind (11) Africa (CSA). The Proteas person to tweet about this issue. 13 Allow to overflow 7 (5) 10 Fragile — tactful (8) Tcrashed out of the World CSA posted a response to my tweet 14 Complete absence of law (7) 12 Beseech (7) Cup and the less said later on Wednesday afternoon, 16 Someone who hunts with 15 Senseless (5) about their tour of India the better. in which it apologised, threw its birds of prey (8) 17 Brood (4) Off the field, it’s been even worse: the agency (One Custom) under the bus, 17 Earthly satellite (4) board is in utter disarray, the chief conveyed its distress, took respon- 18 Blenheim Orange, for executive is currently suspended and sibility, denounced denigration and example (6,5) any journalist who dares to ask ques- marginalisation, and expressed its tions is at risk of having their accred- commitment to promoting and rais- itation summarily removed. ing awareness about women’s issues But this isn’t enough for CSA, (whatever those may be). which appears to have adopted the I have accepted CSA’s apology. It 14, 689 dubious technique of creating new has certainly dealt with binnetgate problems for itself at every opportu- more promptly and thoroughly than nity, in the forlorn hope that this will with many of its other problems. displace the old ones. But, at the risk of sounding petty, LAST WEEK’S SOLUTIONS In the latest example of such a the manner in which CSA originally Quick Crossword 14, 687 stunt, I received an email from the sought to erase my voice by ignor- Cryptic Crossword JDE 212 Official Proteas Supporters Club ing it — while privileging Eaton’s (OPSC) — a branch of CSA — on by recognising his message first Tuesday afternoon. Apparently the — is symptomatic of the organisa- OPSC has “done extensive research tion’s ethos. It appears CSA felt it to find out exactly what okes and bin- was more urgent to respond to criti- nets alike want this December”. cism from a male journalist with a “Hmmm,” I thought. “Here is healthy Twitter following than a a word I haven’t heard before.” female journalist without the same Learning new words is one of my level of influence. favourite things, but I didn’t have a In addition, that word was not good feeling about “binnet”. Google the only problem with the email — confirmed my suspicions. “Binnet,” merely the most obvious one. The according to Urban Dictionary, majority of the email was about buy- means a “slut, whore or any other ing a Christmas present for an imag- colloquial term for a woman”. inary friend called Greg, who is, Seriously, CSA? Is this what you apparently, “one of our best mates/ think of your women cricket fans? ultimate ledge/king of bants/Top And what about the women Proteas Gun-grade wingman”. — don’t forget that you represent Who does CSA think South them as well. African cricket fans are? This was CSA took its time in responding to clearly an email directed exclu- How to play Sudoku: Place a number from 1 to 9 the tweet I posted on Tuesday after- sively at (white), English-speaking SUDOKU in each empty cell so that each row, each column and noon: “Dear @OfficialCSA It is sim- men who went to former Model C each 3x3 block contains all the numbers from 1 to 9. ply unacceptable to refer to women schools, use words like “oke” and cricket fans [as] ‘binnets’ [link to “boet” unironically, and think noth- 34 Urban Dictionary]. I expect you to ing of calling women binnets. I’m 15LAST WEEK’S SOLUTION send out a retraction and apology by not saying that such men aren’t close of business today.” cricket fans. But they are not the 327 618529734 I was not the only one to notice only ones. The last time I went to a 529374186 the OPSC’s offensive language. A few Test at the Wanderers with a group 3987 hours later, fellow journalist and of friends, it was me, Kuhle, Deshnee, 437861259 cricket fan Tom Eaton chipped in: Kwanele and Jes. There wasn’t a Greg 73 2 176452398 “Hi @OfficialCSA. ‘Binnet’ is a highly — literally or figuratively — among us. derogatory, aggressively sexualised Transformation is not just about 64 284193567 name for women. Perhaps urge your quotas for the national and provincial 439 395786421 supporters’ club to do some ‘extensive cricket teams. It’s also about recog- 961245873 research’ into casual misogyny before nising — and speaking to — diverse 912 they send out another email, OK?” cricket fans. What CSA needs to do 753918642 On Wednesday morning CSA apol- next is hire a new marketing team 81 6 842637915 ogised to Eaton — and thanked him that isn’t composed entirely of Gregs. Advertising Supplement to the Mail & Guardian December 13 to 19 2019 COP25 climate summit: what’s happened?

The real test will come next year in Glasgow at COP26, when countries have to make concrete commitments to reducing emissions

carry global authority because agreement is by What activists want is not talk of carbon “off- consensus, though this also means reluctant sets”, but absolute emission cuts — now. countries can hold back more ambitious action. This set the scene for a conflict over article 6, Each of the 196 nations on Earth, bar a few which might threaten the delicate consensus exceptions, is a signatory to the UNFCCC foun- achieved at Paris. That consensus must be pre- dation treaty and no country has yet opted to served if countries are to fulfil the aims of Paris withdraw from it. That includes the US, though by ratcheting up their commitments to bring it is in the process of withdrawing from the down emissions next year. Paris accord. There are many other issues hanging over Under the landmark 2015 Paris Agreement, COP25, but these will not be decided until next nations committed to holding global heating to year. Emissions are increasing once again; tem- no more than 2°C above pre-industrial levels. peratures are higher than ever; and countries The vast majority of nations — 185 countries — are not mandated by law to act. The IPCC has have now ratified the deal, which is legally bind- concluded that at current rates we are running ing. Nonetheless, the commitments that coun- out of time, with little over a decade to halt tries made to cut their national emission levels emissions growth and bring down carbon rap- to the best-case scenario were not part of the idly to keep warming within the 1.5°C threshold. binding Paris deal, but contained in non-bind- Existing commitments made by each govern- ing additions, which will have to be ratcheted ment under the Paris accord fall short of what up next year if the aims of Paris are to be met. is required. According to the UN’s latest “emis- Not all countries are wholeheartedly behind the sions gap” report, published a few days before Paris Agreement: the US has played a low-key the start of COP25, countries must further role in the UN climate process under Donald reduce their greenhouse gases by 7.6% per year Spain’s Prime Minister Pedro Sanchez speaks ay opening of the COP25 conference on Trump; while other potential objectors include for the next 10 years to stay within the 1.5°C December 2, Madrid. Photo: Bloomberg big oil powers such as Saudi Arabia, Russia and Paris limit. Venezuela, as well as Brazil and Bolivia. Key to nvoys from almost 200 countries gas emissions continue to rise. Scientists, cam- progress at COP are China, the world’s biggest Crunch time gathered in Madrid on December paigners and some politicians have similarly emitter, and India, where emissions are rapidly To meet the Paris objectives national tar- 2 for two weeks of talks on climate called for the injection of a sense of urgency. rising. gets must be revised upwards by next year Echange organised by the United Early in the proceedings, negotiators put out a — which is also when previous targets, set at Nations (UN), as the 25th summit of text on the future of carbon markets — the so- Carbon markets to be decided this year? Copenhagen, expire for many countries. That the UN’s Conference of the Parties (COP25) cli- called article 6 talks, named after the section The primary subject of discussion at COP25 is a makes 2020 a critical year for climate action. mate talks got under way. Earlier that week, a of the Paris agreement. There are still major provision in the Paris Agreement known as arti- Consequently, the most important focus of this report on the world’s carbon budget revealed disagreements over how carbon credits should cle 6, which allows for the use of a global mar- year’s COP is to smooth the way for the crunch how far we are from meeting the goals of the be counted and no guarantee of any resolu- ket in carbon to help countries cut emissions summit next year. The Glasgow meeting will Paris climate agreement signed five years ago. tion to the dispute. If this issue is not resolved, and to fund measures that reduce emissions be the most important on climate change since It showed that greenhouse gas emissions rose this technical question will hang over next in developing countries. Carbon markets have the 2015 Paris Agreement itself. The past five by 0.6% last year — less than in recent years, year’s talks in Glasgow too, getting in the way existed since the first 1997 Kyoto Protocol. The years have been spent spelling out the “rules but still not enough to reverse climate change. of substantive issues such as further cuts in general idea is for developed countries to meet of engagement”, which have not addressed the Delegates and activists suggest the world must emission targets to align with scientific advice their targets by buying carbon credits awarded core issues of emission reductions that govern- alter the trajectory to an outright reduction in on staying within 2°C of global heating above to projects reducing emissions in develop- ments are prepared to accept. carbon emissions. pre-industrial levels. Ocean campaigners have ing countries. In this way, rich nations could COP26 will require coaxing countries into the so far struggled to have a voice at these talks, buy themselves time, while poorer nations commitments necessary — something that What is COP – and how does it help? which were meant to highlight the state of the got money to ease them on the road to a green could not be achieved in Paris five years ago. For almost three decades, representatives of oceans and the often-overlooked part they play future. But too many easy credits devalued the In the years since Paris, many argue matters world governments have met every year to forge in Earth’s climate. system, and the financial crisis of 2008 led to have gone backwards: developing countries a global response to the climate emergency. On Tuesday and Wednesday in week two, envi- the outright collapse of the carbon market. have accelerated their infrastructure roll-out of Under the 1992 United Nations Framework ronment and finance ministers arrived to give Today, resuscitating the article 6 carbon market roads, coal-fired power plants and automobiles; Convention on Climate Change (UNFCC), every directions to the “high-level” part of the talks is back on the agenda. Activists see the markets new oil and gas fields have opened up; and country on earth is treaty-bound to “avoid dan- and actual decision-making. These aim at a con- as an easy way out for developed countries to some countries elected governments that have gerous climate change”, and find ways to reduce crete outcome in the form of resolutions on the get away with continuing to burn fossil fuels, become openly hostile to climate action: the US, greenhouse gas emissions globally in an equi- key issues. The EU was expected to give context while buying off poor countries to clean up. Brazil and Australia. table way. COP’s annual meetings have been to the talks with its new green deal proposals interspersed with occasional triumph (the Paris from the European commission on Wednesday. agreement in 2015) and disaster (Copenhagen The UK delegation should have played a cen- in 2009). tral role in preparation for next year’s COP in This conference in turn has been dogged by Glasgow but its delegation was hamstrung by controversy: everything was set for a December that country’s general election, which means COP in Santiago, Chile, but rioting in the capital officials and the next COP president could not and a political crisis forced the COP to be moved speak “on the record”. to Madrid, where this year’s talks took place. This abrupt change of venue caused many What is special about the meetings? headaches, not least for the young activist Greta World leaders were not expected to turn up, so Thunberg, who had been targeting the talks. environmental ministers and their civil serv- Activists and protesters hurriedly re-crossed ants instead led the negotiations, aided by UN the Atlantic to gear up to make public pressure officials. Almost every country is expected to felt. In many respects the conference has been send a voting representative at the level of envi- overshadowed by Thunberg, who arrived to join ronment secretary or equivalent. a 500 000-strong march through the centre of The annual COPs are the only forum on the cli- Madrid, demanding that world leaders listen. mate crisis and the opinions and concerns of The young activist slammed the COP meetings developing countries carry as much weight as for achieving nothing, noting that greenhouse those of the biggest economies. COP decisions Spain hosts the 25th summit for Climate Change. Photo: Spain’s News 2 Advertising supplement to the Mail & Guardian December 13 to 19 2019 COP 25 On the sidelines of COP25, DBSA participates in OECD panel discussion

The bank provides vital financial backing for green initiatives

Olympus Manthata, Head: DBSA Climate Finance at DBSA (Centre) participated in an OECD panel discussion on the role of national development finance institutions in scaling up sustainable financial instruments at COP 25 in Spain

Eamonn Ryan “The DBSA has been on a climate change jour- for low-carbon and climate resilient develop- investments could be consistent with the goals ney for some time. We have developed a climate ment. Its current portfolio is: of the Paris Agreement. Public financial institu- n the sidelines of COP25, the finance framework, which provides us with a - Three projects tions should align their own finance flows and Development Bank of Southern vehicle to progressively transition to a greener - Six being prepared for consideration also work with their government clients and Africa (DBSA)’s head of climate portfolio over a reasonable period of time by • Global Environment Facility: Its current port- shareholders to support them to increase ambi- Ofinance, Olympus Manthata, providing a cohesive, measurable and account- folio is: tion over time. For private financial institutions, participated in an Organisation able response to climate change. - Six projects approved climate alignment is bringing financial decision- for Economic Co-operation and Development “Our climate finance initiatives include man- - Seven projects being prepared making in line with a glide path to a low-carbon, (OECD) panel discussion on the role of national aging a number of facilities and programmes • International Development Finance Club: climate resilient economy through portfolio development finance institutions (DFIs) in scal- that promote a greener economy, drive sustain- DBSA is an active member of this Club, which management decisions and client engagement. ing up sustainable financial instruments. ability and support a just transition to a low-car- is a network of 23 leading national, regional and Together, these new approaches represent an Over the past few years, the DBSA has been bon economy,” he added. international development banks that share a opportunity for the transition toward a low-car- progressively greening its portfolio and this year The DBSA played a significant role in the similar vision of promoting low-carbon and cli- bon, climate-resilient economy that traditional the bank set up a Climate Finance Facility, a first country’s renewable energy programme mate resilient futures. climate finance has struggled to achieve.” in Africa that seeks to crowd in the private sec- (REIPPP). “We have also recently set up a • Global Innovation Lab for Climate Change: tor in climate projects. Climate Finance Facility (CFF) with funding DBSA is a member of this organisation, which In conclusion The DBSA convened a high-level panel discus- from the Green Climate Fund (GCF). This is a supports the identification and piloting of cli- Manthata said that there have been some prom- sion, which unpacked the challenges and oppor- structured finance platform that will have initial mate change financing instruments and prod- ising developments at COP25 so far. “For the tunities facing sub-Saharan Africa with regards committed debt funding of R2-billion. It aims ucts to catalyse private sector money into cli- DBSA, we are encouraged by the engagements to climate finance solutions. The bank’s climate to support projects that mitigate or adapt to cli- mate change mitigation projects in developing and meetings we have had at COP25, as well finance solutions include managing facilities, mate change. countries. as the prospect of even greater collaboration funds and programmes that promote a green “Nationally Determined Contributions The bank’s CFF is a lending facility intended within the broader DFI community to work economy, drive sustainability and development (NDCs) embody efforts by each country to to increase climate-related investment in south- together towards supporting and financing impact and support a just transition to a low- reduce national emissions and adapt to the ern Africa by addressing market constraints and climate change projects. The DBSA is a mem- carbon economy. impacts of climate change; they are at the heart playing a catalytic role with a blended finance ber of the International Development Finance “DBSA is uniquely positioned to play the role of the Paris Agreement and the achievement approach. The CFF will use its capital to fill Club and we have had meaningful engagements of integrator between the public and private of these long-term climate change goals. We market gaps and crowd in private investment, with member institutions as well as other insti- sectors and support and finance climate change see our role as being one of supporting govern- targeting projects that have potential, but can- tutions such as the Climate Policy Initiative, initiatives,” said Manthata. ment’s commitment to contribute to a wide not currently attract market rate capital at scale OECD and institutions operating in South He shared DBSA’s climate finance initiatives range of goals of transitioning to a greener econ- without “credit enhancement”. It will focus on Africa, SADC region and beyond during our at a side event organised by the Climate Policy omy. And we do this through the development infrastructure projects that mitigate or adapt to time here at COP25.” Initiative and United Nations Environment of funding solutions that support government climate change. There is much that corporate leaders in South Programme (Unep), which discussed climate and the region in meeting their NDCs,” said The CFF is a structured finance platform that Africa can do to keep the momentum going for alignment in the financial sector. Manthata. will have initial committed debt funding of more ambitious climate action. “For a start I “We see our role as being one of supporting The DBSA plays a significant role in deal- R2-billion. It will catalyse private sector fund- believe that corporates need to understand their government’s commitment to contribute to a ing with the challenges of climate change by ing by co-funding alongside developmental own ‘transition risk’ and how to appropriately wide range of goals of transitioning to a greener advancing sustainable and environmentally and private sector financial institutions to try respond to it. ‘Transition risk’ is widely regarded economy. And we do this by supporting govern- friendly infrastructure solutions. Its climate and achieve a 1:5 leverage. It is a rand denomi- as the risk that the value of assets and income ment and the region in meeting its Nationally finance initiatives involve managing facilities, nated facility targeted and available to co-fund are less than expected because of climate policy Determined Contributions as well as in aiming funds and programmes that promote a greener private sector projects in South Africa, eSwatini, and market transformations.” to achieve excellence in climate change report- economy, drive sustainability and development Lesotho and Namibia. It does so by offering Corporates need to have strategies in place to ing and the development of appropriate frame- impact and support a just transition to a low credit enhancement products in the form of first address the following: works,” said Manthata. carbon economy and adapts to climate change. loss or subordinated funding and tenor exten- •A global low-carbon transition could reduce sion (up to 15 years) by taking a blended finance the demand and price for assets including car- CREDITS It does so through the following: approach with highly concessional funding that bon-intensive fossil fuels such as coal and oil. Supplements & Special Projects Manager • Green Fund: the Green Fund’s current portfo- is being provided by the Green Climate Fund. •Infrastructure that supports higher carbon Chrystal Dryding lio is: The CFF can offer long-term competitively activities including rail, power plants or ports Copy subeditor Derek Davey - Eight capacity development projects priced funding. built around fossil fuel industries may have to Design & Layout Lethabo Hlahatsi and - 16 R&D projects As to how the DBSA sees developing and be replaced or retired early. Russel Benjamin - 31 investment projects developed countries co-operating to cut total •Companies, investors and workers could be Sales Sybil Otterstrom [email protected] • Green Climate Fund: DBSA’s accreditation to emissions, Manthata said: “Financial institu- hurt by lower prices and reduced demand for the Green Climate Fund gives access to funds tions have started thinking about how their certain products. Advertising supplement to the Mail & Guardian December 13 to 19 2019 3 COP 25

DEVELOPMENT BANK OF SOUTHERN AFRICA Building Africa’s Prosperity

WHEN WE INVEST IN PROJECTS THAT ADDRESS CLIMATE CHANGE, WE BEND THE ARC OF HISTORY TOWARDS SHARED PROSPERITY.

As a fi rst in Africa, the DBSA’s Climate Finance Facility (CFF) is dedicated to increasing climate related investment in Southern Africa by playing a catalytic role using a blended fi nance approach. The CFF will use its debt capital, co-funded by the Green Climate Fund, to fi ll market gaps and target green projects in the private sector that need fi nancial support. This is part of our commitment towards the mitigation and adaptation to climate change, promoting a greener economy and driving sustainability.

We are DBSA. Building Africa’s Prosperity.

For more information or to partner with us on this journey, email: cff @dbsa.org. Visit www.dbsa.org. 4 Advertising supplement to the Mail & Guardian December 13 to 19 2019 COP 25 Our kids may still save us The youth are demanding that more action is taken on the climate crisis – it’s their future that’s at stake

Derek Davey Thunberg. Among the protesters were repre- sentatives from the Extinction Rebellion, along he climate emergency is not a future with other climate activist groups from across problem, it is affecting us now. Peo- the world. Addressing Cop25, Thunberg urged ple are suffering and dying for it the media to pay more attention to other young Nicole Anthony and Widaad Abrahams from Lotus High School joined the Pretoria march, Ttoday, said 16-year-old climate activ- climate change activists: “It is people especially because “if nothing changes, there’ll be no food and we will die”. Photos: Ashraf Hendricks ist Greta Thunberg in her opening from the Global South, especially from indig- speech at COP25. Despite climate change hav- enous communities, who need to tell their of climate change. Many Southern African issue of climate change. The march was organ- ing already had devastating consequences, few, stories.” countries are already suffering from a severe ised by the African Climate Youth Alliance and if any, countries are making sufficient changes Organisations are springing up across the drought, and some scientists believe tempera- was part of the Fridays for Future climate pro- to halt global warming — and it is the world’s world to provide platforms for the voices of tures will increase twofold on the continent, tests initiated by young people globally. This children who are being forced to hold the young people, angry at what the adults are compared to the rest of the world, if climate followed a similar protest in March, in which world’s leaders to account. leaving behind for them. Several governments, change isn’t mitigated. Africa, it seems, is pay- thousands of children took part in Pretoria, The main challenge for COP25 negotiators including Chile, Costa Rica and Spain, have ing for an issue that it did not create. Cape Town and Durban, according to news was the uncertainty over a provision in the signed an international declaration that the Scientists say people in Africa will likely be agency GroundUp. 2015 Paris agreement called Article 6, which climate emergency is a crisis when it comes among the hardest hit by climate change over Among other demands, the young protesters puts a price on carbon emissions, therefore to upholding children’s rights. The organis- the coming decades — and will have the least want government to publicly declare that the allowing them to be traded between coun- ers and the United Nations Children’s Fund capacity to deal with the impact. A report climate crisis is a reality and is happening in the tries. Meantime, the real issue — how fast the (Unicef) hope that this will encourage countries from Britain’s Meteorological Office and Leeds here and now; to place a moratorium on new world needs to cut greenhouse gas emissions — to include special consideration for children in University warns that climate change caused coal, gas and oil mining licences; to have 100% received little official attention. Global net car- their climate action plans. by the burning of fossil fuels will bring chaos to renewable energy by 2030; and for government bon emissions have to decrease by 7.6% every Africa, with bouts of severe drought and flood- to introduce a mandatory education curricu- year, eventually reaching zero by the year 2050, Africa and climate change ing becoming the norm. lum on climate change. but the world does not seem to be waking up to COP25 delegates heard that African countries Stateswoman and activist Graça Machel Comments made by the marchers strike right the fact there is an emergency unfolding. need significant financial and material assis- points out in a recent Time magazine arti- to the heart of the matter. Nonku Ncube (14), As the COP25 negotiations proceeded at tance to cope with climate change. Although cle that her home country, Mozambique, has from St Mary’s Diocesan School for Girls, said: a snail’s pace, about half a million people Africa is responsible for only 4% of global car- already been devastated by cyclones Idai and “Climate change is important for the youth to marched through Madrid last weekend, led by bon emissions, it is suffering the worst effects Kenneth, but the authorities there don’t just care about because we are the ones who will be have to repair the damage, they have also to affected by it. It might not affect us right now, prepare for the future. This means converting but it is going to affect our future, and if we to renewables. But, as Machel points out, many don’t do anything about it, we might not have international energy investors are still financ- an Earth to live on.” ing fossil-fuel projects in Africa. Nicole Anthony (16), from Lotus High, said Governments in Africa must be more asser- she joined the protest because “we are the tive in pushing for cleaner energy and action future. If nothing changes, there will be no on climate change, rather than simply accept food and we will die”. When questioned on why external aid regardless of the strings attached, there weren’t many adults at the protests, she said Machel. In Kenya, judges have halted plans said: “They already had their time.” to construct a 1 050MW coal-powered plant Lily Shaw (13), a youth organiser for near the coastal town of Lamu, a Unesco World Extinction Rebellion Mzanzi, said that she was Heritage Site. The China-backed power sta- no longer attending school as she was “on a tion would have increased the country’s green- permanent climate strike”. She said that if no house gas emissions by 700%, activists said, action was taken to ensure she had a future, and would have had dire economic and health “I’m going to be extinct as well as all the other About 300 youths marched to the City Hall in Cape Town in June to hand over a memoran- effects for local residents. humans and most of the species”. Shaw said dum demanding government take immediate action on the climate crisis. that although climate change had become a What is SA’s youth doing? popular focus in the media, “when it actually In South Africa, the lobby group Youth@ matters, we’re not really not doing anything SAIIA (South African Institute of International about it”. A people-centred vision is gaining ground Affairs) issued a statement to COP25, which ational governments and other powerful actors have failed so far to deliver the sweep- was also presented at the National Climate Fridays For Future ing policies and courageous decisions that would stop the world from burning up even Change Stakeholder Dialogue in Johannesburg #FridaysForFuture (FFF) is a people’s move- Nfurther than it has so far. Emissions keep rising, investments in fossil fuels continue in October. ment following the call from @GretaThunberg and the most vulnerable among us become more and more so by the minute. There The statement emphasises the urgent need for schoolchildren to strike. The movement are many reasons why this is happening, many reasons why governments are not acting accord- for action to build a climate-resilient South began in August 2018, after Thunberg sat in ing to what science dictates and what the people need. Apart from COP21, all other climate talks Africa. It urges governments to declare climate front of the Swedish Parliament every school have often been characterised by hypocrisy, greed, empty promises and procrastination, with change as a global crisis for the sake of future day for weeks to protest against its inaction big polluters deliberately delaying and sabotaging any significant climate action. The influence generations, and to make ambitious commit- regarding the climate crisis. of the fossil fuel lobby on our governments and on the climate talks themselves has made it so ments — and enhance commitments already Schoolchildren are required to attend school, that real progress has been so far stalled, all to allow a few large corporations and national elites made — towards halting the pace of climate but as the FFF site points out: “With the wors- to prosper at the expense of everyone else. change. ening climate destruction, this goal of going to We say “no more”. Youth@SAIIA’s statement applauds and sup- school begins to be pointless. Why study for a As the climate crisis escalates, African decision-makers must heed the call of the people ports certain strides made by the South African future, which may not be there? Why spend a and urgently take action by focusing on solutions that eliminate fossil fuels and transition to government with regard to climate change, lot of effort to become educated, when our gov- clean and sustainable energy. At the village, city, district and country levels, people are com- including the introduction of the carbon tax ernments are not listening to the educated?” ing together to challenge the power of the fossil fuel industry. Unions, faith groups and non- and the work being done to ensure that the The site provides some basic guidelines on environmental groups are joining them to build alternative people-centred solutions. With Climate Change Bill is passed. how, when and where to strike. Thunberg the continuous energy technology innovations making renewable energy more accessible It calls for greater numbers of youth del- requests that people strike in front of their and affordable, we believe that Africa can and must lead the way in this watershed moment egates at COP conferences, and for increased closest town hall every Friday, and with a sign, in history, by addressing the climate crisis while creating a more just and equitable world and training of these delegates. It also calls for take a picture and post it, adding the hashtags generating millions of new jobs for its growing youth population powered by technologically greater funding to address the effects of climate #FridaysForFuture and #Climatestrike. advanced renewable sources. change at grassroots level, and for both the pri- FFF advises children to “only strike in a way Regardless of the outcomes of the current climate talks in Madrid, the fight against climate vate and public sectors to implement greener that you feel safe with” and advises strikers to change will not stop. It’s clear that a just and rapid transition away from fossil fuels is within technologies. liaise with local nongovernmental organisa- reach, in Africa just as anywhere else. In fact, the way we deal with the climate crisis matters as Perhaps most significantly, it urges the gov- tions before striking, “as they know local law- much as how rapidly we act. We cannot expect the climate crisis to be meaningfully addressed ernment to embrace youth-led and youth- yers who are well versed in protest situations”. unless those in power start taking into consideration other social justice issues such as extreme focused initiatives that enable young voices The site also warns that some individuals or poverty, extraction, neo-colonialism, lack of freedom and inequality. We cannot see the climate from the Global South to be represented, espe- organisations may try to join FFF strikes “for crisis solved without putting at the centre the very frontline communities affected by recurrent cially internationally, where they lack a plat- the purpose of causing trouble”. There are strict floods, droughts, environmental destruction, hunger and forced displacement. COPs will con- form to be heard. rules for FFF strikers: no violence, no damage, tinue to be a failure as long as the UN allows fossil fuel industry lobbyists to walk its halls and no littering, no profit, no hate; minimise your to influence complacent politicians not to take the strong action needed against what the UN Children take to the streets carbon footprint, and always refer to science. secretary-general himself calls an “emergency”. In June this year, hundreds of schoolchildren This is an extract from a piece written by Landrey Ninteretse on 350africa.org marched in Cape Town and Pretoria to demand Contact the South African branch of FFF on that the South African government address the fridaysforfuture.org.za